Suing landlord for moving out cleaning bill that's now in collection

[tworent]

Originally Posted by thecainman

Hey everyone I thought I'd describe the predicament I'm in and see if anyone has had a similar experience and if they can provide any advice. I am in California, btw.

At the end of 2012 I moved into a new apt. The security deposit of my old building was $99

Months after moving out I received a bill for $544 for basically cleaning my apt. I had left the apt in decent shape, meaning now stains, mold etc.

I sent back a letter contesting the charges and requesting receipts. I never received it.

Almost a year later I got a final bill. Again I sent the same letter contesting the charges and requesting receipts and also emailed this to the person who was sending me the bills (estate management company)

This past Nov, I get a letter that now the debt is in collection. I asked for debt validation but the debt showed up on my credit report.

I am now left with two options:

1. Pay off the debt and sue in small claims the landlord for both the debt and costs of repairing my credit.

2. Sue the landlord for the debt and costs of repairing my credit BEFORE paying off the debt.

I'd like know if there are any options in which I basically get the court to say this debt is invalid and I get the debt removed from my credit score. That would be my preferred course of action.

But can I sue the landlord for sending me the bill I contest and then sending it to collection? Or do I have to pay it first?

You forgot no 3 pay the bill you admit that the place needed to be cleaned and 544 dollars is not a lot of money.
How Much Does Move Out Cleaning Cost?
Why are people so sue happy if your landlord did his home work then you will lose.

[beera]

Why haven't you tried calling? "Hey, I keep asking for the breakdown, you keep not sending it."

$550 seems excessive unless you were living in a large house or left the place filthy. The most I have ever paid for cleaning is $110.

[McBain II]

First off, this really should have been posted in the Personal Finance forum as the involvement of debt collectors and credit reporting have moved this out of the realm of landlord-tenant law. That said, I'll address it here.

Originally Posted by thecainman

This past Nov, I get a letter that now the debt is in collection. I asked for debt validation but the debt showed up on my credit report.

First, I assume (and I hope) that you did this within 30 days of receiving their initial letter. That preserves important rights for you.

Second, when did the debt show up on your credit report in relation to when you received their communication and when you sent your dispute?

Have they marked it in dispute on your credit reports?

I am now left with two options:

1. Pay off the debt and sue in small claims the landlord for both the debt and costs of repairing my credit.

Do not do this.

2. Sue the landlord for the debt and costs of repairing my credit BEFORE paying off the debt.

Unfortunately, you cannot do this under the Fair Debt Collections Practice Act. While generally, a principal can be held liable for the actions of their agent, the FDCPA specifically exempts them from this unless they are also in the business of collecting debts. Now, you might be able to hold them liable under the debt collection laws of your state (we could, in Florida) but I didn't see you mention where you lived.

I'd like know if there are any options in which I basically get the court to say this debt is invalid and I get the debt removed from my credit score. That would be my preferred course of action.

You could do that without suing, but if you sue you could get paid as well.

But can I sue the landlord for sending me the bill I contest and then sending it to collection? Or do I have to pay it first?

See above.

Originally Posted by nealrm

Don't sue you would lose, unless you can PROVE that the item on your credit report caused you actual damage. Where you turned down for a loan????

This is incorrect. The FDCPA and FCRA both carry $1000 maximum statutory fines PLUS an allotment for actual damages, punitive damages and legal fees.

A better solution would be to contact the credit agencies and dispute the item. Then the collection agency must prove that the claim. To do so they would need to take you to court and prove the cleaning was justifiable and necessary. The burden of proof would be on them.

Again, incorrect. Disputing the account with the credit bureaus is a good idea, but they don't have to "prove it" then. They simply confirm to the credit bureaus that the account is correct.

Item like that also follow off a credit report in 5 years, you are 2 year into that. That even if that single item effected your rating at all.

It's actually 7 years, from the date of first delinquency.

[McBain II]

Originally Posted by STT Resident

I'm not sure that you read the post properly.

That's pretty much his MO. He tends to come blazing into these threads, pop off a bunch of inaccurate (and usually landlord biased) information, then disappears again. Oh well.

Nothing was sent to the OP within the time frame demanded by state law and two requests for clarification and receipts were ignored.

The facts as stated show that the LL was in violation of state law concerning the return of security deposits.

This is correct, however I just want to make a quick point for the masses here.

It does not matter if the landlord followed all the steps or not, and it does not matter if the debt is actually valid or not. When the debt went into collections and the collector contacted the OP, this matter went into a whole different legal realm. Under the FDCPA, a debt collector who receives a timely demand for validation must cease any and all collection activity until the debt has been properly verified.

They have violated that provision of the law and can be held liable.

[Kaycamp]

I gave a $500 deposit on my lease with my old apartment manager. My new apartment owner is refusing to honor that deposit and is trying to make me sign a new lease without carrying over the $500 deposit (same unit.)What can I do?