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gabycano25
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Posted: Thu Feb 28th, 2008 02:48 am |
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Good evening,
For the 4th time, I sent the dispute letter to both parties: the collections agency/LL with no luck. I haven't received any answer from them.
I received the Delivery Receipt on the collections agency letter which was received on January 31st, but I didn't receive the Delivery Receipt on the one sent to the LL. I need to check that with the USPS tomorrow.
I just checked my credit report again and the mark is still there.
Should I start the process with the small claims court?
I'll appreciate any advice.
Thanks in advance.
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gabycano25
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Posted: Fri Jan 25th, 2008 04:25 pm |
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I did send a dispute letter of ALL charges to both: LL & collections agency, and I had sent the same information to the collections agency twice.
I have copies of every single letter I've sent to them, and all of these were certified, return receipt requested.
The LL is NOT deducting any amount from the security deposit (see my post on Oct/20) and she didn't send me any kind of information (disposition letter).
After one month we moved out, I started receiving calls from the collection agency, but the LL never tried to contact me.
I'll follow your advice and I'll let you know.
Thanks a lot!
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LandlordLaura
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Posted: Fri Jan 25th, 2008 02:42 am |
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Please follow the advice OH landlord just posted.
Read back through the post and DISPUTE the collection with the Landlord and the Collection Agency right away. Ask for a written reply within 10 days from both. Inform both that you expect them to follow the credit reporting laws and that you will hold them legally responsible for their erroneous reporting of this disputed collection. Keep a copy of the dispute letter for your records and send the letter to both the Landlord and the Collection Agency by Certified Mail, Return Receipt Requested so that you have proof that the letters were received by both parties.
It is important that you take all necessary steps to protect your credit and put this erroneous collection behind you... Keep working at it and do not give up...
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OH landlord
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Posted: Fri Jan 25th, 2008 01:09 am |
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| Did you send the letter Laura suggested to just the collection agency? You should also send this to the LL immediately. If she didn't send you a disposition statement of what she deducted from the deposit within your state's time limit, you can take her to small claims court for the deposit back (and in some places extra damages for failing to follow state law). It sounds to me like she never sent it to you, only to the collection agency. If you win and get a judgment for your deposit back, the collection agency will have to remove any negative reports off your credit.
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gabycano25
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Posted: Thu Jan 24th, 2008 10:11 pm |
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I forgot to say that I didn't receive any kind of notice/letter stating that the collections agency/LL intended to take some specific action against my credit.
The only letters I received from them were to give me explanation of the debt.
Can you tell me if I have the right to be informed/warned before something like this happened?
Thanks...
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gabycano25
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Posted: Thu Jan 24th, 2008 09:53 pm |
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Hello there.
It's me again. After months and months of dispute letters, I'm still having problems with the LL/collections agency.
I send them all the information about my case, I asked them 3 times to send me a letter stating that my case was closed (with no answer from them), and I just found out that the collections agency put a mark on my credit report.
I'm really frustrated about all this. I didn't have the money to secure a lawyer as LandlordLaura suggested and now the new update is that I got divorced and my ex-husband went back to Mexico, so everything is on me now.
I didn't consider necessary to explain this to the collection agency because it won't matter to them anyway.
Is there anything else I still can do??
Thanks in advance.
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LandlordLaura
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Posted: Sat Oct 20th, 2007 06:07 pm |
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If you have secured an Attorney, be sure to discuss this with him/her ASAP. It is very important that you read through the Tennessee Landlord Tenant Laws to understand what legal requirements the Landlord has and what legal requirement a Tenant or Tenants have in regard to the Security Deposit. There are "deadlines" noted within the Laws...
My advice would be that you (and your husband) will be required to send (immediately) a clear and detailed written dispute of any/all charges that you do not agree with. Remind the Landlord that your Lease Expiration date was 08/31/07 and there was no agreement to renew and/or extend the Lease. Note that your Landlord did not provide a legally required "notificaton of damage", as outlined in Tennessee Landlord Tenant Law and/or give you an opportunity to determine the accuracy of any claimed damage. Mention that the Landlord did not return your Security Deposit within the legally mandated time frame and that you are officially requesting that the Landlord reply in writing to your letter and return your Security Deposit within 7 days. Keep a copy of the dispute for yourself and send a copy to the Collection Agency, requesting written verification within 7 days stating that the collection has been removed from your records and discontinued. Send the letter to both the Landlord and the Collection Agency by Certified Mail, Return Receipt Requested so that you have a record of when the letters were mailed and can demonstrate that both the Landlord and Collection Agency letters were received.
Again, your Attorney would be the best one to advise you. It sounds like you are getting results for your efforts. Let us know how things work out for you...
Last edited on Sat Oct 20th, 2007 06:15 pm by LandlordLaura
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gabycano25
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Posted: Sat Oct 20th, 2007 03:28 pm |
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Hi again.
I sent the letter to the collections agency/LL as suggested and it worked. They stopped calling me.
I notified them of my new address, but they sent the proof of debt to my old address (TN).
I received it because I made the address change with the USPS and they forwarded me the letter which now shows a balance of $731, not $1300 as they told me over phone.
This is what they sent me:
Request from Outside Collection:
Lease from: 09/06/06 To: 08/31/07
Amount of monthly rent: 475.00 Rent paid thru: Aug 1, 2007
Date vacated: Aug 2007 Date re-let: N/A
Date last notice to out given: Did tenant receive it: No
Was 30-day written notice given? Not accurate Date received: 08/02/07
Statement of amount owed:
Rent due: 475.00
From: 09/01/07
Excess cleaning: 150.00
Damages: 106.00
Sub-total: 731.00
Less deposit: 0.00
Total owed: 731.00
Comments: No 30 day notice given 30 days prior to move out.
Left apt. unit in a mess.
Damages/Breakdown Cost
1) Cleaning of 1 bedroom 125.00
2) Stove pans (4 ct) 20.00
3) Shampoo carpet 45.00
4) Mini blinds (2 ct) 16.00
5) Refrigerator (mold) 25.00
6) September’s rent 475.00
7) Garbage disposal locked-up 25.00
Total Owed 731.00
We moved out on Friday Aug 10th.
That day I asked the LL about inspecting the apt., but she told me she was very busy to inspect it and she said we needed to wait until Monday.
We already had rented a U-haul truck and loaded it, so waiting was not an option and we left but before that, we cleaned up the apt. so we don’t understand these charges.
Our mistake was not to take any pictures of the apt. when we left.
This was a 1br/1ba apt. and the unit size was very small.
The carpet was clean.
The paint was fine/clean.
The walls didn’t have any holes (we didn’t hang up any kind of ornaments).
The carpet on the living room was clean because we put another carpet over it and the carpet in the bedroom was covered with the mattress (we don’t have a base).
We vacuumed the whole carpet and cleaned it where there were spots/marks.
There were 2 blinds in the apt. and they were not damaged in any way.
I cleaned the refrigerator and there was no mold/food in it.
I don’t understand the garbage disposal charge because I barely used it.
If any, the leftovers were threw in the trashcan.
And besides all these charges, the LL is keeping our deposit of 250.00
About my new address, do I need to send them another letter?
They didn't send the letter by certified mail/return receipt, so I easily could say I didn't receive anything, but I just want to clear up this situation.
I'll appreciate any comments/suggestions.
Thanks!! Last edited on Sat Oct 20th, 2007 03:34 pm by gabycano25
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carenter
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Posted: Mon Oct 1st, 2007 07:59 pm |
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gabycano25,
Goto the FTCs website http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm and read about collection agencies and the guidelines they must follow.
The next time the collections agency calls, get their name and address and tell them to stop calling or you'll file a complaint with the FTC. Send them a certified letter with return receipt telling them again to stop calling you and to provide proof of the debt. If they fail to provide proof within 30 days, send another certified letter return receipt stating you expect them to stop all collection activity related to that debt. Then have them write you a letter stating that your case has been closed and that you do not owe any money related to that case. If the collection agency put a mark on your credit report (which most of them do when collecting a debt), you will use that letter to have it removed.
I did all of the above and had a frivilous collection stopped and cleared from my record.
Good Luck.
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gabycano25
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Posted: Mon Oct 1st, 2007 03:07 pm |
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LandlordLaura, Thank you so much for your advise/opinion.
I'm going to look for an attorney in TN that can work with me asap.
I'll keep you posted about my case.
THANKS AGAIN !!!
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LandlordLaura
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Posted: Sat Sep 29th, 2007 09:13 pm |
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Please note that I am not an Attorney, so this is just my humble opinion, based on what you posted. Per the Lease Agreement, your Lease expired on 08/31/07. You did not remain in possession of the property after the natural term of the Lease expired, so clause #15 does not apply to your situation. Clause #32, as you posted earlier, does not apply either because it states, "Any notice required or permitted under this Lease or under state law...". From what you posted, based on the fact that the Lease Agreement has a termination date of 08/31/07, no notice was required or permitted under the Lease or under state law. The Landlord and/or Property Manager does not seem to have a valid case against you.
Additionally, even if the Landlord and/or Property Manager made "a mistake" in thinking that you owed money after you moved out, they would have had to contact you directly and have asked you for payment before going to a collections agency. You should have been provided with the complete information re: what the Landlord and/or Property Manager is attempting to collect from you. From what you posted, no letter was sent to you by the Landlord and/or Property Manger, right? Did the Landlord send you a "Disposition of Security Deposit" letter within the legally required time frame from the date you vacated the property? Such a letter would have noted the amount of Security Deposit you paid to the Landlord and then shown deductions for all expenses that the Landlord is claiming that you owe. From what you said, you paid a Security Deposit of $250.00, right? And the Landlord is attempting to collect $1300.00, so the "damage" would have amounted to $1300.00 plus $250.00, or $1550.00. What damage does that $1550.00 represent?
In my opinion, you should dispute the collection with BOTH the collection agency and your Landlord, as noted previously AND also request from the Landlord a full refund of your Security Deposit. Be sure to provide your current mailing address for the Landlord's reply.
Because there are many specific legal issues involved with this situation, it would be best for you to contact an experienced Landlord Tenant Attorney who is located in the area where the rental property is located. The benefit is that he/she would be experienced with how Judges and Courts are deciding Landlord Tenant cases in that specific location. The Attorney could also provide you with his/her advice re: how to deal with the collection situation, too.
Let us know what you decide to do...
Last edited on Sat Sep 29th, 2007 09:27 pm by LandlordLaura
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gabycano25
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Posted: Sat Sep 29th, 2007 03:37 pm |
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LandlordLaura, I couldn't find a renewal clause, so these are the "subjects" on the contract:
term, rent, damage deposit, use of premises, condition of premises, assignment and sub-letting, alterations and improvements, non-delivery of possession, hazardous materials, utilities, maintenance and repair rules, damage to premises, inspection of premises, subordination of lease, tenant's hold over, surrender of premises, animals, quiet enjoyment, indemnification, default, late charge, abandonment, attorneys' fees, recording of agreement, governing law, binding efect, descriptive headings, construction, non-waiver, modification, notice, additional provisions.
Landlord leases to Tenant and Tenant leases from Landlord the above described premises together with any and all appurtenances thereto, for a term of 1 year, such term beginning on 09/06/06 and ending at 12 o'clock midnight on 08/31/07.
Clause # 15 - Tenant's hold over: if Tenant remains in possession of the premises with the consent of Landlord after the natural expiration of this agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at _________ dollars ($ 0.00 (she wrote zero)) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party.
We paid for the full term of the contract ($475.00 per month from Sept '06 to August '07). All the payments were done on time (no later than the 30th or 31st each month). The deposit was for $250.00
I spoke with a hispanic neighbor before all this happened. Her contract ended on April and she asked the Landlord about signing another contract, but the Landlord told her there was no need for that. The Landlord told her that she could stay in the apt. as long as she wanted for the same rent and when she decided to move out, she needed to giver a 60 day notice.
I forgot to ask you about the collections agency. They've called and left messages (I'm not answering my phone). Do I need to do what you advised in my first post about asking them to stop the calls and send me the information in writing?
Thanks a lot for your help and time.
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LandlordLaura
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Posted: Thu Sep 27th, 2007 06:50 pm |
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What, exactly, does the Lease Agreement say about "renewal". Was it a single term Lease, or did it automatically change to a month-to-month Tenantcy after the expiration date or does it say that it does not automatically renew? Please advise...
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gabycano25
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Posted: Thu Sep 27th, 2007 05:41 pm |
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Thanks for your prompt answer LandlordLaura.
That day I was very upset so I didn't tell you the whole story:
Since I rented that apt., I had a lot of problems with the landlord. At the end of June I found a job in Florida and moved there but my husband was living in TN until the lease contract ended (August) because when I explained the situation to the landlord, she agreed to cancel the contract, but she asked me for $1500 and she said she was going to put a note in my credit and we didn't accept that.
So on July I quit my new job, arrived to TN on July 31st. to start packing and I dropped the check for August rent with a note in the check that said: last month rent.
After that, she put a note in my apt's door which says: 08/02/07 MRS. Cano, you know a 30 day notice has to be given 30 prior to move out, not on a check stated last month rent. #32 clause TELLS YOU.
#32 clause - Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by U.S. certified mail, return receipt requested, addressed as follows: x x x
So on Aug 02 we went to the USPS and sent the notice which was delivered on Aug 03 (I have the receipts) and she called me and said we didn't give her the notice on time and we needed to pay 1 more month. she said we needed to give the notice on July 31st, not August.
I told her that I read the contract and there's not such clause. the contract says: Landlord leases to Tenant and Tenant leases from Landlord the above described premises together with any and all appurtenances thereto, for a term of 1 year, such term beginning on 09/06/06 and ending at 12 o'clock midnight on 08/31/07.
She said she spoke with the apts owner and he said that if we didn't pay for 1 more month, they were going to suit us and damage my credit. (Every conversation was about my credit).
We started packing and on friday Aug 10 we moved out, but before moving out I looked for her the whole day and at 5 pm she told me she was very busy to inspect the apt. and we needed to wait until monday. We already had rented and loaded a U-Haul truck and waiting was not an option. Of course she reminded us about the extra month, the suit against us and my credit.
We cleaned the apt. It looked the same way as we received it for first time, gave her the keys and left.
From the day she received our notice of non renewal until the day we left, we didn't receive any notice from her by USPS as it was requested on clause #32. I still have the same cell phone number and she didn't try to call me to let me know there was a problem and that she was going to start a process with a collections agency.
Every time we move to a different place, I make the address change with the USPS and in our new address we haven't received any notice from her until we received the letter from the collections agency dated on Sept 20.
And I was thinking about calling her to ask about the refund on my deposit !!!
Please advise.... Thanks
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LandlordLaura
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Posted: Tue Sep 25th, 2007 06:48 pm |
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If you speak with the Collection Agency again, ask them for their Company Name, Address, an Account Number, the name/address of the person attempting to collect moeny, the amount of the Collection and a Contact Person's Name at the Collection Agency so that you can dispute the Collection in writing. Send a letter to the Collection Agency (you do not preserve your rights by having verbal conversations...), letting them know that there is a mistake and that you do not owe the money and that you do not want any more phone calls from them regarding the Collection. Keep a copy of the letter that you send to the Collection Agency for your records and mail the letter by Certified Mail, Return Receipt Requested.
You should send an additional copy of the "dispute letter" to your former Landlord, along with a letter requesting an explanation for what they are attempting to collect from you and why. Again, send the letter (and copy of the dispute letter) to the former Landlord by Certified Mail, Return Receipt Requested and keep a copy of the letter for your records.
Let us know what you decide to do...
Last edited on Tue Sep 25th, 2007 06:48 pm by LandlordLaura
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gabycano25
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Posted: Tue Sep 25th, 2007 05:13 pm |
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Can anybody tell me where to call in Memphis, TN for assistance about an apt. I leased and moved out at the end of the lease and I did everything on the contract? I'm living in Alabama now.
I received a letter and a call from a collections agency about $1300 I owe (I still don't know why because I paid off everything).
The lady that called me was very rude when I asked her to have a translator service (I'm hispanic). She said I was not living in Mexico and that my credit was going to be harmed if I didn't want to pay in that moment. She started yelling so I hung up the phone.
I just want some advice before I take their call again.
Thanks!!!
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