[finally_home]

We have $490 on our credit for an apartment we broke lease on. When we broke lease an early lease break amount was paid in full.
They kept our $400 deposit AND charged us another $490. The apartment was VERY clean when we left (we even paid to have it professionally cleaned).
I contacted the creditor who told me they saw our contract that we signed and that it was being charged for waste removal. There was NO waste to be removed.
He wouldn't speak with me further - got pissed off and hung up on me.
So I wanted to know - can I request that they provide me photos of this mess that they had to remove from a perfectly spotless apartment? Is there ANYTHING I can do?
Im so frustrated and angry right now I dont even know what to say.
BTW, I do have a reciept from a paid house cleaner that came in to shampoo carpets, and clean.

[bobdole369]

THis is yet another reason to document the living h-e-double hockey sticks out of your apartment when you leave it.

This all depends on your state, but in Florida, the landlord has 30 days to provide to you (in writing - per statute) an itemized list that they are claiming from your security deposit.

My former landlord failed to do this - I sued him and won, not only my deposit, but also costs incurred.

You'll likely need to do the same, but check with your state laws and find something that the landlord didn't comply with.

You can request that they provide photos, but they don't have to do anything at all. In this civil matter the burden of proof is on YOU to prove that it WASN'T dirty and needed work. The landlord will probably testify under oath to his benefit, and if he gets someone else to do so your virtually screwed.

Your best defense here would have been to take photographs yourself and document the condition of the apartment. Your next action besides learning your states landlord tenant laws would probably be to continue to pursue communications, I would send a CMRRR to the landlord disputing the charges straight away.

This is very very common to do, as most folks won't follow up and sue the bastards.

[finally_home]

Originally Posted by bobdole369

THis is yet another reason to document the living h-e-double hockey sticks out of your apartment when you leave it.

This all depends on your state, but in Florida, the landlord has 30 days to provide to you (in writing - per statute) an itemized list that they are claiming from your security deposit.

My former landlord failed to do this - I sued him and won, not only my deposit, but also costs incurred.

You'll likely need to do the same, but check with your state laws and find something that the landlord didn't comply with.

You can request that they provide photos, but they don't have to do anything at all. In this civil matter the burden of proof is on YOU to prove that it WASN'T dirty and needed work. The landlord will probably testify under oath to his benefit, and if he gets someone else to do so your virtually screwed.

Your best defense here would have been to take photographs yourself and document the condition of the apartment. Your next action besides learning your states landlord tenant laws would probably be to continue to pursue communications, I would send a CMRRR to the landlord disputing the charges straight away.

This is very very common to do, as most folks won't follow up and sue the bastards.

So would the reciept from the professional that cleaned the apartment be enough proof on my end? Because we paid $150 for them to clean and shampoo the apartment. We saw the apartment afterward but I was naive and didnt think they would screw me - so didn't take photos.
What is a cmrrr? Do they have to respond and if they do what can I ask them to provide proof wise? Are they likely to take it off just to get me out of their hair? Its really not enough for them to go to court over (or me for that matter).
Thanks for your help!

[bobdole369]

So would the reciept from the professional that cleaned the apartment be enough proof on my end?

Thats for a judge to decide. I would think so, perhaps you can get a cleaner to agree to take your side.

What is a cmrrr?

Certified Mail Return Receipt Requested. The point of that being that as of this date - (the Return Receipt being signed) you provided notice that you don't agree to the charges. It holds no real weight, but every little bit helps.

You saying that you told somebody over the phone or in person about something is not evidence, but a CMRRR is proof that a letter was delivered. Without that proof - the landlord can say "well you never told me you didn't agree to the charges"

Are they likely to take it off just to get me out of their hair? Its really not enough for them to go to court over (or me for that matter).
Thanks for your help!

All of the above is something to be done to your former landlord. Depending on your states law - you may still be able to recover your full security deposit.

As for the collection agency - well follow the steps well documented here. Start with a DV letter, even if its beyond the 30 day limit. Something is better than nothing, and if your blessed enough to live in the great state of texas - your DV still has weight.

Dispute the thing with all CRA's that it is reporting. It's not likely that any evidence you provide the CA will get them to drop it. You can scream and scream and scream and show them every paper you have in your life, but they are still within their rights to collect an account that they apparently own.

The only way to get them to stop collecting (and reporting on your CR) is to make it clear that they do NOT own the debt. The best chance for success (IMHO and I am NOT a lawyer - nor is this legal advice) is to sue the CA.

They will likely just verify the account with the CRA, but you could get lucky. They now own the debt and will likely continue to collect on it. It sounds like a sticky one to me, and in the end - getting litigious on them may be the way to go.