Ex-Landlord false charges sent to Collections

[pkrause123]

Hey All, I will make this as short and detailed as possible

On December 7th, 2006 I signed a notice saying that we were moving out. On January 8th, 2007 we packed up and moved to a new apartment. This was the last we heard from the apartment till recently.

On April 24th, 2007 my parents (the co-signers) received a phone call from a collection agency demanding that they pay $1400 for "damages. late fees, utility bills, and termination fees(not giving 30 days notice) by Monday or they would damage there credit. They did not even have my phone number to contact me even when we gave them a forwarding address twice, our old mailbox is STILL forwarding mail to us, and our new apartment management faxed them information to fill out so they could approve us for the apartment.

The problem I see here is that

a) We were not contacted by certified mail (or any mailing) within 30 days of moving out, nor were the cosigners. Not even a phone call.

I have written proof that at least SOME of the claim is bogus. I am not saying that I might have damages to the apartment when we left, but for example they are charging me for "not giving 30 days notice" when i have paperwork stating I gave 31 days notice.

c) What should i do about the collection agency for now until this is straightened up. They claim to have sent "letters" but we have failed to see one.

Should i contact the old apartment complex? I am so confused on what to do. They are threatening to ruin my credit on Monday if I dont pay, is that legal to say that on the phone or tell me that I will ruin my co-signers credit and telling me that he has great credit?

I am not sure if I should file a lawsuit in small claims court for my deposit back for not contacting me to return my deposit. If i sent a DV to the collection agency, does the apartment management have to provide proof that they paid $1000 to replace the carpet and $200 to have "pro-cleaners" come in?

So Confused!

Paul

P.S This is in Florida+

[LynnInMN]

I believe on a month to month lease, notice must be given by the last day of the calender month, effective 30 days later. So notice should have been given by Nov 30th to vacate Dec 31st. The way I read it, your notice would not have been effective until until Dec 31 to vacate by end of January. So you would be liable for the full month of January.

What type of lease did you have?? What type of notice did it require??

[pkrause123]

I had a 12 month lease that required 30 days notice. We were actually turned away when we tried to give 40 days notice.

[LynnInMN]

When did the 12 months end???

[pkrause123]

12 months ended on January 8th and i have a copy of written notice on December 7th.

[HowJr]

You should review your lease. The terms of the lease should outline what your obligations are in vacating the property and what the landlords obligations are for assessing damages. Every lease I've ever signed obligated me to give 30 days notice and provide a forwarding address. My landlords were obligated to notify me of any damages within 30 days of the date that I move out.

[kevin3344]

Common problem, you will more than likely have to take them to court. Gym memberships and apartment leases (upon move out) are two of the biggest scams. Basically, you can never meet their "move out" requirements, whether it be sufficient notice, wear and tear, etc. then they end up sending you to collections after the fact.

Did you do a final walkthrough on the day of your move? Who did you leave the keys with? When I moved from my apartment one of the maintenance guys went with me and gave the apartment complex management the 'AOK' that everything was in order. They are supposed to expect normal wear and tear, they can't bill you for that.

If i sent a DV to the collection agency, does the apartment management have to provide proof that they paid $1000 to replace the carpet and $200 to have "pro-cleaners" come in?

The rule of thumb is to have your parents DV the CA within 30 days. They have to cease communication until they verify the debt - which means they can't ruin anyones credit. They should send you proof of the charges. Be sure and send it CMRRR.

[pkrause123]

In all honesty we did have a few damages that we expected to pay for, but not in the extent that they added and the fees that were added. How can you replace carpet for $980, then $220 for repainting, then ANOTHER $223 for cleaning and then ANOTHER $25 for trash pickup. If the carpet was cleared and replaced how much does it really cost to clean a kitchen/bathroom?

Should i just send a DV to the collection agency and then send another certified letter to apartment management demanding they remove the claim from collections, and to actually contact me in writing to settle the claim (I can probably knock it down over $700?

I wouldn't want to GO to small claims and try to convince the judge that they are even losing paperwork and can't be trusted unless i have to.

[kevin3344]

I could see charges for cleaning the carpet, but not for NEW carpet. It's a wear and tear item and it's going to wear out. First, send the DV. Your primary goal is to stop the collection effort until they send you proof of the debt.

then send another certified letter to apartment management demanding they remove the claim from collections, and to actually contact me in writing to settle the claim (I can probably knock it down over $700?

They probably won't follow this directive. You more than likely won't have to go to small claims, but you will need to hire a lawyer to get this resolved. He can do the threatening for you.

[pkrause123]

Kevin you have been so nice. I called a lawyer the other day and he wanted $250 an HOUR to take the case and for maybe $2000 total it wasnt really worth it. Could you suggest a better way to search for a lawyer that would have a better fee. Searching online didn't seem so easy.

[kevin3344]

No problem, attys are a little expensive.

In that case, I would make a copy of your paperwork and send it to your state AG. Since the AG is the consumer's advocate, you might as well use them. Generally, they'll contact the OC on your behalf. The letter will look something like this:

"The Consumer Protection Section has received the attached request for assistance regarding your business (no doubt this will be your documentation). In order to assess the merits of the complaint, and to determine appropriate action, we need to know your position in this matter. Therefore, we ask that within the next ten (10) business days you provide a written statement of your position along with any supporting documents."

That will most certainly get their attention! Of course, DV the CA CMRRR as mentioned previously; hopefully they will remove the CO. Do that while simultaneously writing the AG.

[Methuss]

In all honesty we did have a few damages that we expected to pay for, but not in the extent that they added and the fees that were added. How can you replace carpet for $980, then $220 for repainting, then ANOTHER $223 for cleaning and then ANOTHER $25 for trash pickup. If the carpet was cleared and replaced how much does it really cost to clean a kitchen/bathroom?

To answer this question, I just had to spend $5200 on new carpet in my rental because the tenant destroyed it in every room. Yes you read that right...five thousand two hundred dollars. The cleaning service is charging me $80/hr to clean the bathrooms and kitchen. And, it cost $85 for a dumpster to be dropped off to discard all the trash and unclaimed junk left behind...had I used refuse stickers it would have been 15 stickers at $2.35 each.

But more to the point, the landlord can't just make numbers up, for damage claims they must provide you with copies of the actual receipts showing how much they paid for the repairs and then they may only claim that actual amount, no more. Landlords are also required to mitigate their losses. In other words, a landlord is required to keep the costs for losses as low as they can. They can't hire Donald Trump's toilet cleaner and charge you for it if they can get a Merry Maid to do it for half.

[pkrause123]

HAHAHA I needed that laugh about donald trump! =)

Do I have at least some what of a case if I can prove they are not keeping paperwork? Is it there fault for not getting a forwarding address? You would think they would MAKE SURE they have it when the tenant turns in the keys.