Jump to content

Previous apartment complex trying to collect already paid rent


jdhafer07
 Share

Recommended Posts

I moved from KY to OH for a job promotion. When I moved out of my previous apartment, I paid the rent for the month I moved out in full. Also transferred all utilities back to the complex. I did not receive my deposit back because i did not give a thirty day notice, which is understandable.

 

About two months after moving into my new apartment, I received a notice from a collection company about an unpaid debt to this complex for rent, electric, late fees and cleaning costs. I received a letter of charges from the complex on the exact same day. I have made multiple attempts to contact the property and the corporation about these claims, but never reach anyone. I have been trying to contact someone for at least one week. Left messages and emailed, but have received no effort in a response. I have proof of payment of rent and utilities. I am afraid I will be summoned to court on these charges but haven't been able to clear them up, no matter how hard I try.

 

Does anyone have any advice on what I can do to fix this before it gets taken to court?

  • Like 1
Link to comment
Share on other sites

Sometimes court is the only way to resolve something when both sides dig in. What I would do is send the collection company a letter stating that I already paid this debt and hence, refuse to pay it again. That is the same as a C&D and should stop them in their tracks. I would send a letter to the complex manager to find out what is going on and that you had already paid the debt. I would send both letter CMRRR. If you want to send proof of the complex manager, send a copy of your proof, not the originals.

Even after that, you may be ignored and end up in court. If so, then you do discovery and you are certainly allowed to show your proof during discovery. That may be enough to get the case dismissed. If not, then you go to trial and prove you paid the debt already.

Link to comment
Share on other sites

In cases where your obligations end at move-out, it may really be obligations end at 30 days after notification.  But some obligations may still remain for the full term.  In all apartment contracts I've been in, I was obligated to pay full rent to the end of the lease term unless they lease the apartment to another party (which eliminates any incentive to try to lease it ... they will likely push incoming tenants to other off-lease apartments).  In a couple places I stayed beyond the first year lease and declined to sign a new lease, which resulted in a slight rent increase (because a one-year commitment provided for a discount).  Off-lease, the 30-day provision had more meaning.  If you were still on a lease (even a renewed lease after the first year) when you actually did give notice, check the terms of your contract for what you might be obligated for, or what they could think you are obligated for.

Link to comment
Share on other sites

You have to be careful there because many state courts have held that a landlord must attempt to mitigate its damages regarding early termination of leases prior to suing for the full lease amount (not, I did not say they must be successful, they only have to show a reasonable effort was made to rent the place out. They also do not have to take in people who would not be good tenants). Also, many leases have an early termination clause where you pay a certain amount and in return, the lease can be ended.

Link to comment
Share on other sites

Thanks for the info. I am most definitely going to write that letter, make copies of proof, and ill be sending some letters. Now if someone could clear up some acronyms for me, as this is my first time in this particular situation. what does C&D and CMRRR mean? 

 

Also, should I continue to make efforts to call my previous landlord or the company to try and resolve this or just go straight to the letters?

Link to comment
Share on other sites

Do not sign anything you send them signatures can be copied with ease.

 

I would not worry to much if you have proof.

Make them produce the contract at court, unless you have a copy of it, make them stick to the contract, you can argue your way out of a lease contract if you do it right.

 

can you post the lease here minus your name.   let us examine it for discrepancies you can use against them.

 

Did you take photos of the place when you left? always do this, it holds a lot of weight in court.

Link to comment
Share on other sites

I didn't take any photos. I ended up having to leave in such a rush that I didn't get time. My own foolish mistake. Also I don't know how to obtain my old lease. I don't have a copy of it, at least not one that I can locate. Thanks for everyone's assistance on this problem, I truly appreciate it.

Link to comment
Share on other sites

I went through a similar situation with an apartment complex in Tampa, Florida in 2008... and it's still on my CR.

Nothing I did could get them to budge... they dug in and so did I.

 

It drops off next year though.

 

Luckily they did get someone to rent the place out, otherwise it would have made the debt much more, enhancing my chances of being sued for the amount.

 

Good luck and keep us posted.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.