Being sued over old apartment

kirha · 05-24-2008, 11:42 AM

I have been called twice by a collection agency regarding a debt to an old apartment complex. I lived at this location over 7 years ago, in Southern Ohio. They tell me I owe nearly $3000, though no one has told me specifically what for. My former roommate handled the move out, and to the best of our knowledge we moved out amicably. Their first call to me and first communication that I recall was 5-21-08. I requested validation of the debt by phone to which I got a scoff and a declaration that they had all they needed to go to court. I was told to pay now or that the interest and legal fees would be "astronomical" I was also told that I'd had a conversation with them "months ago" and promised to call back but never did. I do not recall this conversation and that is the limit of detail provided about it. I ended the call and sent, return receipt requested, a letter requesting only mail contact, and validation of the debt among other things. (Attached below)

A day after I sent the letter (and surely before they received it) they called again to demand payment. I again requested validation and let them know about the incoming letter. The person stated that "courts make deadbeats pay up" and that they would proceed to sue. I ended the call at that time.

This debt does not and never did appear on my credit report. I have filed a complaint with the Ohio Better Business Bureau, and with the Attorney general. I have started a log of all communications, beginning with the first contact I am aware of on 5-21-08. I am wondering where I should go from here. Should I just wait and see if they file suit? If they do, what then? It appears the SOL in Ohio on written contracts is 15 years, and I assume a lease agreement qualifies. I am unable to check with the apartment complex, as it appears it has gone out of business or changed hands.

Pale Rider · 05-24-2008, 11:13 PM

Are you still in contact with the old room mate? Its been a long time, but is it possible they have any paperwork from this?

It is good you started a paper trail. If they do go forward, you may be able to countersue to offset some of the damage.

Enigma · 05-24-2008, 11:47 PM

Were you a party to the rental agreement?

Marswoman · 05-25-2008, 01:48 PM

WOW...similar thing just happened to me!

I moved into a place temporarily 5 1/2 years ago. They showed me a gorgeous apartment had a cheap move in special so I paid one month rent in advance. The one bedroom apt I got looked nothing like the rental they showed me. It was basically a living room with a kitchenette attached.

The complex looked ok during the day but at night, the place was horrible, gangs hiding in the stairways, people walkin the halls, broken windows that never got fixed, broken elevator for weeks (I was on the 3rd floor) etc. I never slept at night, did not feel safe living there.

I went to the office which was located on site. I spoke to my leasing agent and voiced my safety concerns and in accordance with my lease, gave the office a 30 day notice (that I was leaving). It was a legal form, not just some handwritten note.

She said a lot of people did not stay long there and she understood why, and accepted my 30 day notice.

I had only been there 3.5 weeks and hardly had anything in my apt, mainly because I couldnt get anything up the elevator.

I moved out the next Sunday, the apt was spotless, there was no damage. Office was closed so I left the keys in an envelope addressed to the rental agent in the office drop box. I called her on Monday to make sure she got them and she said yes and thanks.

Never heard anything from them.

Now its 5 1/2 years later and guess what popped up on my credit report?

A collection for $1700 from an apt complex from that address with a different name.

Apparently, the complex changed owners/names but why 5.5 yrs later would they try to bill me $1700???

I disputed with the credit reporting agencies but it came back verified.
I called the collection agency they say I lived at that address I owe the money.

Now what can I do??

Marswoman · 05-25-2008, 02:11 PM

Also,

I NEVER got any bill from the collection agency about this.
It just suddenly appeared on my credit report.

hannah · 05-25-2008, 04:43 PM

These are both in all probability JDB's trying to collect and their primary strategy is to slap your credit report in order to force a settlement and they often misrepresent the debt as more recent than it really is which is inaccurate and which causes the score to further decrease since the “utilization factor” of the FICO algorithm calculates it higher than it should. You both need to look up the state statute covering leases and/or rentals and see what the SOL is as a rental or apartment lease is not a written contract in all states.

Pale Rider · 05-25-2008, 07:34 PM

Quote:

Originally Posted by Marswoman

WOW...similar thing just happened to me!

Probably because it is a common scam.

kirha · 05-25-2008, 10:58 PM

Yes, my old roommate is still a good friend. He's recieved nothing and has confirmed that as far as we know, we left amicably.

I was definitely on the original lease, but have been provided nothing other than my name, that I owe $3000 and that they intend to sue.

It does not and never has showin on a credit report. We'll see what really shakes down I suppose. I suspect they refuse to provide me with any details because there are none but I could be surprised with a summons.

Pale Rider · 05-25-2008, 11:39 PM

They would have to be able to prove something in court. That could be difficult if there are no employees or owners still around that could testify. On the other hand, you have a witness to the facts. Keep track of all communications and violations on their part to countersue if necessary.

kirha · 05-27-2008, 09:50 AM

Thanks for the information. From the beginning of communication with them, I have begun keeping records of all calls, content and messages. So far just a couple phone calls, but I expect to get my return receipt for the validation letter I sent soon.

kirha · 05-28-2008, 11:01 AM

I noted earlier that the SOL in Ohio for written contracts is 15 years. Researching the law I ran across this at codes.ohio.gov

Quote:

1310.52 Statute of limitations - UCC 2A-506.

(A) An action for default under a lease contract, including an action for a breach of warranty or indemnity, shall be commenced within four years after the cause of action accrued. By the original lease contract, the parties may reduce the period of limitation to not less than one year.

(B) A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.

(C) If an action commenced within the time limited by division (A) of this section is so terminated as to leave available a remedy by another action for the same default, breach of warranty, or indemnity, the other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(D) This section does not alter the law on tolling of the statute of limitations and does not apply to causes of action that accrued before the effective date of this section.

Effective Date: 11-06-1992

This seems to refer mostly to contracts for goods, but I am unable to find anything more applicable in the code. Would this be a valid SOL defense to use, or have I overlooked other information related to rental agreements?

kirha · 05-31-2008, 03:14 PM

Hedwig · 06-01-2008, 02:32 AM

Did you check the Ohio landlord-tenant laws? In a lot of states, these rules prevail and may be different from the rules for written contracts.

kirha · 06-02-2008, 01:40 PM

Thanks for the response. I did discover the following at ohiolandlordtenant.com It does specify in section C that no agreement to pay attorney fees shall be recognized. I was unable to find any particular reference to SOL.

Quote:

5321.13 Rental agreement terms barred.

(A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section.

(B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises.

(C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.

(D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant.

(E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code.

(F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.

The collection agency did respond to my DV; they sent a copy of the contract with signatures and an itemized list of charges. As such, it appears that the former roommate was less than forthcoming all those years ago when he told me he "had it all worked out". As this appears to be valid, it seems that were I to be sued, the CA would win. I suspect I am best off to attempt to settle this, but I haven't the cash, even with the value of any saleable assets I own.

Considering my lack of ability to pay, should I let them sue, possibly allowing for garnishment of my very low wages or attempt to get them to settle for 20% or so?

Hedwig · 06-02-2008, 02:16 PM

They don't have a time limit in which claims for damages must be acted upon? I know that many states do, but I'm not familiar with Ohio law.

kirha · 06-02-2008, 02:35 PM

I should clarify; there is none specified (that I can find) regarding Landlord-Tenant law directly. The SOL for written contracts appears to be 15 years in Ohio, though I have not yet found where that is specifically stated in the code.