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I lived in this apartment for 2 years. The last 3 months I lived there, I had a severe rat infestation. I notified the complex & they sent down the maintenance dude. He gave me sticky traps & told me set them out (i have a dog. DANGEROUS) & listen for screaming coming from the rats, then that means they're trapped. He then told me to call my boyfriend and have HIM remove them. (I was 7 months pregnant) By the time I gave my 30 day notice (15 days after I notified them of the rats) the rats had literally torn holes through my doors, **** on all my clothes, tried to nest under my refrigerator, feces EVERYWHERE, tons of my belongings RUINED. I didn't even want to be in the apartment because of the amount of rat poop was too dangerous. I asked for a final walk through on my 30 day notice & they never contacted me. I had my baby on August 1st, the day I was supposed to move...I dropped off my keys on August 6th. I got a move out statement later that month saying I owed them, $967 on top of the $700 deposit they were taking. I argued with them that I wouldn't pay for damages done by the rats & why didn't I get my final walk through? They said they'd take off some charges & look at phone records to make sure I wasn't contacted to do the walk through. I never heard back from them. Now I have a collection agency contacting me saying I owe $789.00 & they won't budge on the price & that they'll soon report to credit agencies. Some of the invoices they sent aren't even for my apartment...they gave me no explanation. I'm not sure what to do from here. I don't want to pay for damages I didn't do, but I don't want another strike on my credit report.
Your case is much too specific for anyone to be able to give you meaningful advice. You need to contact a local tenant advocate for help. You can look them up online.
I would call and ask why are they sending you damages for an apartment that you did NOT rent? Demand to speak to someone on that.
Sounds like it's already been put into collections, which means she didn't go to court and fight it when she had the chance. I don't think contacting the apartment manager will do any good at this point. She needs to get a tenant advocate lawyer involved now, it's way too complex at this point.
Galaxie Girl is right. You need a lawyer. If it's in collections it means they already tried to collect and being unable to they sold the judgement to a collection agency. They have a judgement/collections against you which means you did not appear in court and they automatically "won".
You're probably going to have to settle with the collection agency
I would call and ask why are they sending you damages for an apartment that you did NOT rent? Demand to speak to someone on that.
they did rent the apt...for two years. They had issues with rats; which is where they say the damage came from, but they don't say what the itemized bills says. Is it really for damage or is it for unpaid rent? She said she gave her 30 day notice 2 weeks after reporting the rats, what she doesn't say is when does her lease expire.
First, the simple fact that you're receiving contact from a collection agency does not, in any way whatsoever, mean you were sued and lost. While that is a possibility, it is highly unlikely. The likely scenario is that the property manager/landlord either sold or assigned this account to a debt collector. It happens all the time.
Your first step needs to be a written demand for verification/validation of the debt along with a demand for notice of assignment in accordance with Article 9 Part 406 of the Uniform Commercial Code. This must be done within 30 days of your initial contact with them and should be sent certified mail and return receipt. Depending on what state you are in, it may be too late to do anything about the deposit however.
In CA, the LL has to give you notice in writing of your right to a move-out inspection. The law is very specific. This law is designed to give tenants the opportunity to get all of their deposit back. If the LL didn't do this, you automatically get your full deposit back.
I think the easiest and cheapest thing to do is to sue the landlord in small claims court, in my opinion. The LL can then tell the collection agency the debt has been satisfied. Let the landlord deal with the collection agency.
This all assumes that you have not been sued and lost by your LL. If you were sued and didn't show up, you lose, and you will have to make a deal with the collection agency.
If your landlord just sent a bill to collections without first getting a judgment, then I think you should sue.
I think you should start with a letter to the LL, though, as you first need to demand your money back, before going to court. Something along these lines:
Dear Landlord,
I have received notification that you sent a bill to a collection agency regarding money I supposedly owe you. In short, because you did not follow California tenant law regarding my right to a move-out inspection, even after I specifically asked for a walk-through, you forfeited your right to any damages. Please refund my security deposit in full in the amount of $_______________ by _________________(x date), and notify the collection agency that this debt was placed in collection in error by same date, and forward a copy of the letter to me with my security deposit refund.
As you know, this property was infested with rats, which I notified you of, and as I was very pregnant at the time, this posed significant health risks.
If I do not receive the deposit refund and letter to the collection agency by the above date, I intend to sue you to the full extent of the law for money withheld in bad faith, as well as for rent paid while the unit was uninhabitable, and any punitive damages the court deems appropriate.
Sincerely,
You
Your Address
The letter alone may do it. If not, file in small claims court and take your chances. Here's CA law:
Scroll down to the blue section to read about the laws regarding the pre-move-out inspection laws. You can also get help through this website, if you want some legal advice.
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