Tenant/Landlord dispute (past due rent/fees) - No court judgement.

Asked over 1 year ago - Oakland, CA

Hello and Thanks!
I received a notice from a collection agency regarding past due rent and other misc fees including carpet cleaning (I lived in the unit for 4 years, so I'm petty sure this falls under standard wear and tear), from an old apartment.

To make a long story short, I complained numerous times about a neighbors behavior via email and letters to the leasing office. I also contacted and filed a police report related to vehicle vandalism. I received a letter from the property managements corporate office stating I can move without incurring any fees etc.

We haven't gone to court for a judge to rule on the merits of the case. I demanded proof of balance due and also a copy of the court judgement.

Should I entertain this collection agency? Thx!

Attorney answers (1)

  1. William Stanley Fitch

    Contributor Level 16

    Answered . If it were me . . . I would keep the letter I received from the property management stating I could move out without incurring any fees close to my chest, especially since I like surprises, more importantly surprised looks. When a property management company forwards to a collection agency those files they believe have a positive balance, bad things tend to happen. So many bad things that in my firm, I do not take on that type of work.
    The laws which govern debt collection frown upon the misrepresentation of the nature or extent of the debt and to the extent that this collection company is attempting to collect rent which the management company forgave in that letter, they are misrepresenting the nature and extent of the debt.
    Since I do not know how much they are demanding or your feelings toward satisfying those demand to avoid litigation anything I say beyond this point would be pure speculation.

    A proper response would require a thorough investigation into the history and background of this relationship.... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Tenant rights

Tenant rights vary by state, but in general, you have the right to safe and habitable housing, privacy, and to not be discriminated against, among other things.

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