topic Re: is that a broken lease with Apt in General Credit Topics

is that a broken lease with Apt

Anonymous — Sat, 05 Dec 2015 14:20:51 GMT

Is it a broken lease when you have outstanding debts made up of ridiculous charges and went into collections but never fully paid.

Is there a due process for apt management to send a bill to the last known address and allow time to remedy. I never got a bill. It went straight to collection.

No matter how much debt is outstanding with apt, if its debt does it mean its a broken lease. You must pay it to be OUT OF a broken lease.

Other than a due water bill of $66, eveyrthing else listed on my apartment bill has varying ridiculous charges. Can these ridiculous charges be disputed anywhere?

What if i send in a check for the $66 amount and say its final settlement to outstanding debt. Would i be liable for the remaining charges.

I m in Texas

please someone advise what to do other than paying the ridiculous charges.

Re: is that a broken lease with Apt

StartingOver10 — Sat, 05 Dec 2015 15:11:33 GMT

@Anonymous wrote:
Is it a broken lease when you have outstanding debts made up of ridiculous charges and went into collections but never fully paid.
Is there a due process for apt management to send a bill to the last known address and allow time to remedy. I never got a bill. It went straight to collection.
No matter how much debt is outstanding with apt, if its debt does it mean its a broken lease. You must pay it to be OUT OF a broken lease.

Other than a due water bill of $66, eveyrthing else listed on my apartment bill has varying ridiculous charges. Can these ridiculous charges be disputed anywhere?
What if i send in a check for the $66 amount and say its final settlement to outstanding debt. Would i be liable for the remaining charges.

I m in Texas
please someone advise what to do other than paying the ridiculous charges.

If you look at your lease you will see that the condition of the property is part of the lease agreement. What I mean is this: when you turn your keys back in to management you need to have a walk through (and take your own photos with dates) to show that you delivered the property back in excellent condition less normal wear and tear.

Anything else is subject to repair by the landlord/management company and they charge a much higher amount than it would cost to be fixed by you. The date that is applicable is the last day of the lease. That is why you want to be out before the last date - to allow time to clean up and turn in keys on the last day. There is no leeway after the last day of the lease. I am assuming you gave written notice to vacate per the lease too.

As far as notice goes, in my state (FL) the landlord has to deliver written notice to the tenant at the last known address within 30 days (could be 15 days). But they can deliver the notice to the apartment you are vacating if they don't have your forwarding address. Quite a few big apartment type management companies have a policy to deliver the notice to the vacated apartment. Look up your state's statutes so you know what they can do in your state.

Remember, the lease contains all of the contract details between you and the landlord. Any deviation is subject to expensive fees. Most apartment complexes count on you not reading your lease and not turning over the property in good condition. You have to be pro-active to get your security deposit back and to stop additional charges - especially from the large apartment complex management companies.

I haven't seen your particular lease, I am going by the hundreds of leases I have seen (I'm a Realtor).

Re: is that a broken lease with Apt

Anonymous — Sat, 05 Dec 2015 16:33:16 GMT

You say

I m sure it was a written notice 30 days in advance given in person to the management by me with a forwarding address. I also paid what i thought was a final water bill in the amount of $37.07 via money order and made sure they had a forwarding address for i knew they would send me a water bill for the upcoming month that was due.

If they left/sent it to my original address at the complex i wouldn't have known about it. It was why a forwarding address was provided.

I m fully aware of condition of property clause and it was exactly why instead of making photos of condition of property i trusted them to send me upto a $100 expense to cover for conditions; instead i got a bill for $600 and it infuriated me.

My thing is before going into collections aren't they required to send you invoice/bill to pay them before it goes into collection. If you never knew about an outstanding bill and were never notified dont you have a cause of action against the complex management/collection agency.

Re: is that a broken lease with Apt

kuku4koco — Sun, 06 Dec 2015 00:07:10 GMT

No one ever watches Judge Milian?? Judge Judy? You 'trusted them'??? Really. How'd that work out for you? It is your responsibility to do a walk through at the end of your lease to ensure that you get your deposit back and that there are no damages. Pictures are usually quite valuable and if you didn't take them, I'm sure the management company did. If you put in a change of address with the Post Office, it wouldn't matter if they mailed it to your last known address... You still should have gotten it. Otherwise, it would have been returned to sender... and they'll have proof in your old file that they 'attempted' to mail you an invoice.

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 00:07:45 GMT

indeed, i dont really watch those shows. You are right about that.

However, i was in person when filling out my move-out application, there was a requirement to fill out a forwarding address on the form for the final water bill due after i moved out.

so instead of filling out the change of address with USPS, i gave them my forwarding address in person. It still didnt matter for it went to collections anyways.

Re: is that a broken lease with Apt

kuku4koco — Sun, 06 Dec 2015 00:13:52 GMT

Yes, I find it interesting that you received a final accounting for your water bill, but NOT for your move out/deposit checklist/and damages report... Still not sure what you could do though at this point... it's already landed on collections.. Maybe you could have it removed, but good luck with that.. A goodwill letter explaining you were not notiified to the collection company, or call the apartment complex.. someone should be able to help you if it was their mistake. (If they are honest!)

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 00:21:52 GMT

have to be accepting of the fact that if i meet with management at apt complex that its most likely a WAR OF WORDS exchanged before anything is resolved. I would prefer not to pursue that avenue, however, if push comes to shove i see no choice but to file small claims court and let the chips fall where they may.

All i m trying to find out is if i have legal remedies for not notifying me before it went into collections? was i suppose to know about it? is the apt complex required by law to notify me of outstanding debt before it goes to collection. If the excuse is that the last known address is the apartment i lived in and they sent a mail there and we have proof that mail was sent to you and that apt complex management has proof that mail was sent to me where i lived in their complex then i think it makes for an interesting case.

I can do Atty General, CFPB but i need to be sure there is substantial evidence in pursuing such avenue. lets see. need legal experts to weigh on this before i pursue legal actions.

Re: is that a broken lease with Apt

kuku4koco — Sun, 06 Dec 2015 00:27:57 GMT

It isn't supposed to be filed with collections for like 30 days while they attempt to send you a notice of your final accounting (last known address is sufficient... think of how many folks just skip out on their lease.. can't spend hundreds trying to hunt them down.) My guess is they 'attempted' to notify you, but you won't know until you ask. I worked in property management 14 years... I doubt you have a case.

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 00:56:53 GMT

only an expert on legalese would know for sure if i have a case? i m trying to make it very difficult for apt complex management to collect on the debt.

Bringing them to the negotiation table versus you going to them with an offer to settle has pros and cons to it. Elections have consequences.

I am looking for leverage. I already know they are in violation of TX TFC 392 wherein a validation request was required to be adhered/completed to within 60 days of receipt of the request for validation. I mailed them sept 17th, 2015 and have received a letter in response November 24th, 2015. Only thing is i did not send it certified mail on sept 17th, 2015. if i found out that due process in mailing a bill out to me was a mandated requirement by apt complex and they did not do so, gives me ammunition to pursue.

Some legal experts may want to chime in on that here. i m in TX. i will be doing my research and see what i can come up with.

will have to wait and see. builidng up my leverage to see whats possible? suing in small claims court is definitely an option. FDCPA violation for $1000 on a $ 692 debt plus atty fees would be welcoming sign to run not walk to the negotiating table.

All's well that ends well. wait and see approach

BTW, i m no lawyer, but love legalese.

Re: is that a broken lease with Apt

kuku4koco — Sun, 06 Dec 2015 01:19:50 GMT

You know what... you're right. I shouldn't have stated that 'I doubt you have a case' either...(my thinking was that this is an everyday job... if it's a 300 unit complex, it has to be done the same way for everyone) However, it sounds like a volitile situation you have with the folks in the office. So maybe you feel they weren't holding their end of the deal on your lease and you already have them in violation of another thing... maybe you do have a case and maybe you will win $5,000!!! Go for it!

Within 60 days of receipt.... there's a 7 day difference from their response time... a week. How do you know when they recieved it? You need proof of the day they received it... Yes, you could have leverage. Especially if they're not doing their jobs/or incompetent. You do not disppute the charges filed in collections? Or you do, but you want to sue them on a technicality?(due process).

$692 is a big deal, especially if you do not owe it! Best Wishes!

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 01:26:48 GMT

i leave it to the legal experts to determine if a case can be made against given the evidence. If and when i hear a YES or NO then its for me to determine if i want to go small claims court or pay and be done with it.

at this time i just see myself as collecting evidence and building my case/leverage? we will see what comes of it? In Texas the apartment associations have lots and lots of leverage and its very very difficult to get anything unless its a discrimination complaint/filing. Anything outside of their Texas association legalese you would not find a JP (Justice of Peace) court or a district judge to side with the consumer. Thats why a good lawyer would know if a case is to be made whether for FDCPA violation or no notification? i leave it on experts to determiine that

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 19:24:23 GMT

Posting the same topic multiple times won't get folks to agree with you.

Anytime you move you should file a change of address with USPS. You run the risk of missing bills and other important mail. It can even be done online.

You didn't send your request certified so there is no proof of your mail date. The 60 days is from when they receive it. They also need to mail before the 60 days. They won't be held responsible for mail delays.

You have no proof of how you left the place so it will be hard to disprove their damage claims. To be honest compared to most of the leases I have been in the fees are rather small.

It's best you just get you legal consultation and be done with it.

Re: is that a broken lease with Apt

taxi818 — Sun, 06 Dec 2015 20:12:12 GMT

They will charge you for not cleaning out bath tub. All types of things. you might think they are ridiculous. But they don't. I would just try and setting and pfd to get it off. Would cost more trying to fight such nonsense.

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 20:24:10 GMT

i have an official letter from USPS notifying of the change of address with date of forwarding mail. It lists as move in date of the next day from when i actually moved out.

I made a dispute via Equifax on 17th November, 2015. I disputed as account was not mine. The CA responded with a letter identifying the account and charges upon my dispute with Equifax. Just a few short days later, Nov 20, 2015, I send out a TX TFC 392 request for validation to the CA. They have responded back to me in response to my dispute of Nov 17 with Equifax but have said nothing so far regarding my request for debt validation on TX TFC 392 from my mailing on Nov 20, 2015.

Should my TX TFC 392 request be responded to or should i think that the response i got from dispute i placed with equifax satisfies the TX TFC 392 debt validation request.

I have lived at the place for 5 years, what they are claiming is just not cleaning but so many things that if the walls had paint peeled or bath tub needs re-surfacing they have charged me for it. If the kitchen sink was leaking they want me to fix it or pay for it. The apt complex is owned by a private company and not one of the banks/REIT's.

You are right about not sending my debt validation request certified mail or have proof of when they received it back in Sept 2015, however, i m betting on them requiring to notify me of an outstanding bill before it can be sent to collections.

BTW i m not expecting different results positing multiple times.

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 21:01:17 GMT

what do you think happens if i only send them $66.92 in past due water bill. mark it as paid in full and settled. will it work?

Re: is that a broken lease with Apt

myjourney — Sun, 06 Dec 2015 21:12:17 GMT

@Anonymous wrote:
what do you think happens if i only send them $66.92 in past due water bill. mark it as paid in full and settled. will it work?

DO NOT send any money until there's a resolution

Paying it now if it's on your CR's would only cause it to update and could have an effect on the DOFD

Re: is that a broken lease with Apt

Anonymous — Sun, 06 Dec 2015 21:14:51 GMT

thank u thank u i did not think of that.

that changes dofd and sol? interesting?

pfd only in writing will now make me pay them?

keep hitting hard until i get a PFD? only option i think