Apartment Complex Demanding Payment For Damages I didn't do (CA)

[keitiiyeahyeah]

Originally Posted by NoMoreSnowForMe

In CA, the LL has to give you notice in writing of your right to a move-out inspection. The law is very specific. This law is designed to give tenants the opportunity to get all of their deposit back. If the LL didn't do this, you automatically get your full deposit back.

I think the easiest and cheapest thing to do is to sue the landlord in small claims court, in my opinion. The LL can then tell the collection agency the debt has been satisfied. Let the landlord deal with the collection agency.

This all assumes that you have not been sued and lost by your LL. If you were sued and didn't show up, you lose, and you will have to make a deal with the collection agency.

If your landlord just sent a bill to collections without first getting a judgment, then I think you should sue.

I think you should start with a letter to the LL, though, as you first need to demand your money back, before going to court. Something along these lines:

Dear Landlord,

I have received notification that you sent a bill to a collection agency regarding money I supposedly owe you. In short, because you did not follow California tenant law regarding my right to a move-out inspection, even after I specifically asked for a walk-through, you forfeited your right to any damages. Please refund my security deposit in full in the amount of $_______________ by _________________(x date), and notify the collection agency that this debt was placed in collection in error by same date, and forward a copy of the letter to me with my security deposit refund.

As you know, this property was infested with rats, which I notified you of, and as I was very pregnant at the time, this posed significant health risks.

If I do not receive the deposit refund and letter to the collection agency by the above date, I intend to sue you to the full extent of the law for money withheld in bad faith, as well as for rent paid while the unit was uninhabitable, and any punitive damages the court deems appropriate.

Sincerely,

You
Your Address


The letter alone may do it. If not, file in small claims court and take your chances. Here's CA law:

California Tenants - California Department of Consumer Affairs

Scroll down to the blue section to read about the laws regarding the pre-move-out inspection laws. You can also get help through this website, if you want some legal advice.

Another option for lawyers/legal advice:

Lawyer Referral Services (LRS)

I contacted the legal aid society & they said the only thing I can do is write another letter to the apartment complex & CC: the collector's agent. & then wait to see what happens. Basically, they'll either go away or have to sue me...there is nothing much I can do. Either pay them...or wait.
So, I'm sending my letter to the effect as suggested above!!

[NoMoreSnowForMe]

Good for you. I don't see why you should wait around to see what happens. Good luck to you. What a pain!

[keitiiyeahyeah]

. Every Time I would start to compose the letter, I would get frustrated because I wanted to translate everything into the letter. SO, I just basically, copied your suggested letter! It was straight & to the point! THANK YOU! THANK YOU!
I'll let you know how it goes!

[keitiiyeahyeah]

oh, god! I said letter a lot in that reply. It's Friday, i'm at work, tired, & out of coffee, please excuse me.

[Steve Bagu]

He happy with anave not read all the posts but in Calif a Collection agency is just a private business and a 3rd party along with the LL and the Tenent.

A call to the Health Dept (considering the Pregnancy during the time period) would have them at the LL front door.

If a small claims action is pursued the Judge won't be very happy with the Health issue (baby and all being due) and along with proof the Dept was notified things would look very good for the tenant.

Of course this is all under the bridge this late date......still holding the baby while in Court might help.

As for the Collection agency is concerned NO PHONE CONVERSATIONS OR CORRESPONDENCE OF ANY NATURE. ( they don't exist). Acknowledging them would be considered a point in their favor of your responsibility and any fees demanded.

(I'm NO Lawyer but have some previous knowledge of a Collection agency procedures)