Rental Collections question

[Ewalker33]

Just recently I was notified by a Credit Agency that I owed $1,500 to an apartment complex that I haven't lived in in over 2 years. They are claiming that the amount is due to damage and repair of the apartment after I moved out, but there was nothing wrong with the apartment when I left. This is the first I have heard of this and I was never contacted about it, until right before it went into collections. I told them I was going to investigate the claims and within 3 days, they put it in collections. I'm not really sure what to do.

[RobertEG]

What were the terms of your rental agreement that control any asserted debt upon moving out?

Additionally, what are the state laws/regs that apply to your termination?  Notice requirments of any asserted debt, etc?  Your local landlord/tenant enforcement agency should be able to provide you a summary of your rights.

I would begin by assessing your obligation in view of both your rental agreement and the applicable laws/regs in your state.

[Ewalker33]

My lease was up when I moved out. The Agency is claiming they had to replace the carpet, paint, and a bunch of other cosmetic items and that is why I owe the amount. None of this was mentioned when I moved out and here we are 2 years later and they are claiming that I owe the $1,500. And it's in collections now.

[Anonymous]

Did you have a security deposit? did they refund any of it?

[Ewalker33]

No, they did not refund any of the security deposit. It's been 2 years since I moved out and I do not have any of the paperwork from the final walkthrough, because honestly I didn't think I was going to need to keep it. I have spoken to a few other people that used to live in the same apartments and they said the the company is notarious for doing that, because most people just pay it.

[EAJuggalo]

How long did you live there?  In most jurisdictions they can't charge for normal wear and tear which specifically includes paint and carpet.  In my state it's assumed they are going to have to replace the carpet and repaint if you're there for more than a couple years.

[RobertEG]

What do your local statute/regs state as to the period and requirments for assessing such fees?

I would contact your state agency for advice on how to proceed........

[Ewalker33]

We lived there for over 2 years. They even told us they were going to replace the carpet when we moved out, because it was due to be changed. I should have had everything put in writing.

[itgirl74]

Definitely look into your local (state AND city) landlord/tenant laws, especially those regarding return of the security deposit. Everywhere I have lived, the landlord is required to provide a list of damages and receipts for repairs within X days of the tenant moving out if they do not return the full security deposit. It seems to me that you have grounds to sue the landlord if that wasn't provided, and even if you have no intention of doing that, you can use the threat as leverage for them to call off the collection agency.

[RobertEG]

What period is specified in your state landlord/tenant regs within which a landlord must provide notice of any fees or amounts that they intend to withold?

The point is that, regardless of the merits, state regs usually require notice of intended fees within prescribed periods after the tenant vacates.......