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The scoop on CAs collecting rental debts?


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I recently DV'd CA collecting an old apartment/rental debt, asking for pretty much everything i could and they quickly sent me a copy of an old letter and invoice of debt that the apartment complex had sent to me at some point (though i never recieved it because the address was not mine)

they of course included something of their own saying "ok heres the proof now pay up"

my question is, do they need to show me more than that, i know with credit cards, copies of original statements can be enough sometimes, but this definately doesnt seem like enough to me

they have to show me my original lease agreement right?

are there any tricks to DVing old rental debts?

by the way this is past the SoL, and the amount is $4589.02 (for 1 months rent for $787.00!!)

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Did they explain how $787.00 turned into $4589.00 !!

You might have something here.

it does not seem that the CA has added anything to the final debt with the OC, the invoice of debt is shown on the copy of the letter from the OC as follows:

RENT

910.00

Concession

-123.00

Total Monthly Charges

787.00

Pet/Oth Deposit

200.00

Total Deposits

200.00

1 Mo Late CHarge

100

1 Mo Rent

787.00

Total Current Balance

887.00

Reletting Fee

773.50

Forfeit Concession

300.00

ACCELERATION TAA PA GRAPH 32

2,730.00

Waterbill

98.52

TOTAL Damages & Fees

3,902.02

Total Deposits

200.00

Applied to other charges

-200.00

Amount Refunded

0.00

Amount Due Property

4,589.02

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Nothing special in FDCPA for rental debts. DV is DV.

i know DV is DV reguardless, i guess what i meant was the CA cant send me statements (there are none) so what can they send me to prove this debt

i dont imagine a letter sent to me at some random address 4 yrs ago by the OC is proof posative that i ever owed it in the first place

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Looks to me like you are responsible for the rest of your contract rent until they were able to re-rent the unit.

This may be the issue, however, they have a responsibility to mitigate their damages. In a situation where they are renting apartments as common practice, i wouldn't think they could charge more than 3 months.

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They obtained proof from the OC of the balance and itemized it. What more do you want?

what they sent me was an OLD (Fax dated 3/12/03) itemization from the OC, that i am betting they recieved when they bought the debt or whatever and i sure this is all the paperwork they have on the debt, they have not contacted the OC since i DV'd them

so is that still enough on their part? or do they have to contace the OC

they dont need a rental contract?

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3 mo but it was a prime place they leased it immediately

Well, you got charged for the whole three months, whether they filled the unit or not.

The CA doesn't appear to be doing anything wrong. Your beef is with the apartment complex. Fight it if you want some practice, SOL is expired - you can just as easily C&D and let it die.

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it does not seem that the CA has added anything to the final debt with the OC, the invoice of debt is shown on the copy of the letter from the OC as follows:

RENT

910.00

Concession

-123.00

Total Monthly Charges

787.00

Pet/Oth Deposit

200.00

Total Deposits

200.00

1 Mo Late CHarge

100

1 Mo Rent

787.00

Total Current Balance

887.00

Reletting Fee

773.50

Forfeit Concession

300.00

ACCELERATION TAA PA GRAPH 32

2,730.00

Waterbill

98.52

TOTAL Damages & Fees

3,902.02

Total Deposits

200.00

Applied to other charges

-200.00

Amount Refunded

0.00

Amount Due Property

4,589.02

I think you have a serious violation here against the landlord. If they were charging you rent to the end of the lease, then they have no right to charge you a "re-letting fee", which would be a charge for the expenses of obtaining a new tenant. After all, had you moved out at the end of the tenancy, they would not be entitled to this fee.

The fact that they are charging you only one month's rent ($787) and only ONE late charge ($100) indicates that they re-rented the apartment pretty quickly, so their actual damages are just ONE month's rent. By charging YOU rent to the end of the lease and charging the new tenant rent for the same months, they are receiving double-payment. I can't imagine any judge in the country allowing that. The Acceleration ($2730) and the associated Forfeited Concession ($300) are obviously an attempt at unjust enrichment.

Now.... have you completed the FOAD letter?

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This may be the issue, however, they have a responsibility to mitigate their damages. In a situation where they are renting apartments as common practice, i wouldn't think they could charge more than 3 months.

Yes, they have a responsibility to mitigate their damages. There's a mitigate damages clause in the standard TAA rental agreement.

However, we have no idea how long it took them to re-rent that apartment. Just conjencture from OP that it "rented right away". Not sure how OP knows that for certain.

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I think you have a serious violation here against the landlord. If they were charging you rent to the end of the lease, then they have no right to charge you a "re-letting fee", which would be a charge for the expenses of obtaining a new tenant. After all, had you moved out at the end of the tenancy, they would not be entitled to this fee.

The fact that they are charging you only one month's rent ($787) and only ONE late charge ($100) indicates that they re-rented the apartment pretty quickly, so their actual damages are just ONE month's rent. By charging YOU rent to the end of the lease and charging the new tenant rent for the same months, they are receiving double-payment. I can't imagine any judge in the country allowing that. The Acceleration ($2730) and the associated Forfeited Concession ($300) are obviously an attempt at unjust enrichment.

can't believe i didn't catch that

Now.... have you completed the FOAD letter?

not yet but i will today

You forget the SOL goes both ways- the SOL has run for the landlord, just like it ran for you.

actually i did forget about that, but i never intended to take anything to court, i just wanted to use their error (evil ways) to help me get them to remove it from my CR, i guess the CA will just have to drop it now if what Flyingifr says is correct

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:)++

I think you have a serious violation here against the landlord. If they were charging you rent to the end of the lease, then they have no right to charge you a "re-letting fee", which would be a charge for the expenses of obtaining a new tenant. After all, had you moved out at the end of the tenancy, they would not be entitled to this fee.

The fact that they are charging you only one month's rent ($787) and only ONE late charge ($100) indicates that they re-rented the apartment pretty quickly, so their actual damages are just ONE month's rent. By charging YOU rent to the end of the lease and charging the new tenant rent for the same months, they are receiving double-payment. I can't imagine any judge in the country allowing that. The Acceleration ($2730) and the associated Forfeited Concession ($300) are obviously an attempt at unjust enrichment.

Now.... have you completed the FOAD letter?

well i looked into it further, and this is what i found:

Texas Apartment Association (TAA):

RELETTING CHARGE - If you move out prior to the end of your lease, you may be charged a reletting fee. The reletting fee is charged to cover the cost, efforts and expenses incurred in locating a resident. The reletting charge is due whether or not re-letting attempts have been successful. NOTE: If your unit does not get relet, you are still responsible for the rent until the end of your contract term (see #3). The reletting fee should not exceed 85% of the highest monthly rent.

guess they can charge me all that :(

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