Apartment in Dallas collecting non-existing charges after move-out

[Ymiglia]

What is the name of your state? Texas
We moved from "The D" Apartment on 05/30/2004, with no debt, all the rent was fully paid on time; unreasonable fines were paid to avoid “eviction” or any other new threat from the arbitrary apartment manager.
On August 30, 2004, after receiving a letter from the Collection Agency informing about the new $879 charges, I sent a letter contesting the charges and complaining about harassment and discrimination against me and my family, with details and documents attached, no replies or any contact were made by them.
On March 2005 my credit was reject and I was informed that “The D” has an “unpaid bill’ against me, again I sent a letter to the Collection Agency based on the Fair Debt Collection Practices Act, 15 USC 1692g, to (1) inform them formally that I was disputing the alleged debt, (2) requesting documentation about the debt, (3) contacting any credit agencies to whom they have reported this debit and informing them that I am disputing the debit, (4) informing me that they have to ceased collection efforts on the alleged debt, or stating that they are taking a specific action in relation to the debt such as commencing a collection lawsuit. Again no replies or any contact were made.
On May 03, 2005 I sent a formal request to correct inaccurate information in my credit file maintained Equifax. It was denied and I learned reading your posted messages that I have to request it by the original creditor, in this case I assume in the collection agency.
What do I do if they refused to communicate with me, has happened in the two prior letters? Should I go to small claims court?
Thank you,

[marbol]

Originally Posted by Ymiglia

[...]We moved from "The D" Apartment on 05/30/2004, with no debt, all the rent was fully paid on time; unreasonable fines were paid to avoid “eviction” or any other new threat from the arbitrary apartment manager.
On August 30, 2004, after receiving a letter from the Collection Agency informing about the new $879 charges, I sent a letter contesting the charges and complaining about harassment and discrimination against me and my family, with details and documents attached, no replies or any contact were made by them.
[...]Should I go to small claims court?
Thank you,

I am not a lawyer, but I do have experience with renting in Texas. Texas law is very specific about what a landlord can do and what they cannot do, and what they can charge you for. They also have a very specific timeframe in which they can do it in.

You should go check out a Texas Tennants book either in a bookstore, or library and read what the law allows. They cannot charge you for anything that is normal wear and tear and they must charge you within a few months time, along with an itemization, etc.

Once you have the original charges disputed, go to the original creditor and dispute it. Send everything CRRR. And keep ALL records.

If they don't remove it once you point out that you are not rightfully in debt to them, you are entitled to some statutory damages. Remind them of that, and they should take it off. If you have to go to small claims court in Texas, do it. Also name the CRAs and get some cash from them too.

More information can be found at [url]www.creditboards.com[/url]

You can read some law here: [url]http://www.capitol.state.tx.us/statutes/pr.toc.htm[/url]

Your deposit had to be refunded within 30 days of the date you left, and if you did not owe rent when you left, you had to be given an itemized statement of what the deposit was used for - and it CANNOT be for anything considered normal wear and tear.

Your claim to the deposit even takes precedence over any bankruptcy or creditors claims to your landlord. So, did you get it back?

[Ymiglia]

Thank you for your reply.
No I haven't got the deposit back, just get out there without any "fines", "fees" or be free of new harrassament was haven.
Everything started when I wanted the main office phone number, she refused to give it to us, threaded to call the police, my son sat down and said I wait; the police was called by her to "take him out of her office". The police told her to give my son the main office phone number, and wait until he called to make sure it was a valid phone number.
was his right as a tenant to have the main office phone number d the police to remove my son from her office and refused to give him the main office phone number.
After that we had several letters of eviction, remove "move-in/special concession", pet fee without pets in the apartment, sometimes letter without signature demanding that we have to move in 3 days or demanding $3150.76 due immediately. And $187 fee for "Noise complaints" , when I complaint in the office that was not fair since we haven't done any noise besides the normal living, I being told to not talk in the veranda or keep the veranda doors closed because the downstairs neighbor had migraines. She was the only one to complaint; all other neighbors had never heard anything from my apartment.
Thank you again for you support.