Collection agency not sending proof of the debt.

[enid_97]

What is the name of your state?What is the name of your state?Florida

My attorney send a letter to the collection agency to send proof of the debt they are stating I owe. The only thing we got for the second time from the collection agency was the rental agreement and the list of fees the landlord is wanting to charge me which are incorrect nothing else to proof the fees.
We are sending a second letter disputing it and demanding them to send proof of the debt and no response yet. My former landlord wants to charge for unpaid rent, breach of contract and no notice fee, and on the same month I moved out he had already rented the apartment and also took my deposit and 85.00 extra that I gave him to cover one month rent. My contract expired a month after I moved out. I broke the lease, but I left him all the money to cover the month rent and also I have proof of how well kept I left the apartment. Can anyone advice on what would my next step would be to stop this.

[debtcollector`]

Originally Posted by enid_97

What is the name of your state?What is the name of your state?Florida

My attorney send a letter to the collection agency to send proof of the debt they are stating I owe. The only thing we got for the second time from the collection agency was the rental agreement and the list of fees the landlord is wanting to charge me which are incorrect nothing else to proof the fees.
We are sending a second letter disputing it and demanding them to send proof of the debt and no response yet. My former landlord wants to charge for unpaid rent, breach of contract and no notice fee, and on the same month I moved out he had already rented the apartment and also took my deposit and 85.00 extra that I gave him to cover one month rent. My contract expired a month after I moved out. I broke the lease, but I left him all the money to cover the month rent and also I have proof of how well kept I left the apartment. Can anyone advice on what would my next step would be to stop this.

You received all the proof they are required to give. Your attorney should know that. He is either blustering to try an intimidate the CA (like that has never happened before) or charging you $80 - $100 for a letter written by his asisstant.

Be happy. When one of my tenants breaks the lease, I go to court not a CA.

DC

[CarrieT]

Originally Posted by enid_97

What is the name of your state?What is the name of your state?Florida

My attorney send a letter to the collection agency to send proof of the debt they are stating I owe. The only thing we got for the second time from the collection agency was the rental agreement and the list of fees the landlord is wanting to charge me which are incorrect nothing else to proof the fees.
We are sending a second letter disputing it and demanding them to send proof of the debt and no response yet. My former landlord wants to charge for unpaid rent, breach of contract and no notice fee, and on the same month I moved out he had already rented the apartment and also took my deposit and 85.00 extra that I gave him to cover one month rent. My contract expired a month after I moved out. I broke the lease, but I left him all the money to cover the month rent and also I have proof of how well kept I left the apartment. Can anyone advice on what would my next step would be to stop this.

Your post is confusing and there is more information that is needed here I think.
What was your rent amount each month? You say you gave him 85.00 extra to cover one month rent. Is that 85.00 above the rent due or wat the monthly rent 85.00?
When was your lease up, and when did you move out? Did you give a 30 days written notice to your landlord? (30 days is the usual, however some landlords require more... double check your lease agreement)...and if so did you sent it RRR?
How much was the deposit you left him and what was it for? (some landlords ask for 'first last and security deposit' some ask for 'damage deposit' some ask only for 'security deposit'). Check your lease to see what it was you put the money down for when you moved in.
The 'proof' is the copy of the original lease (rental agreement) which you signed. And then whatever the landlord wants to charge you for damage/charges to the property is up to him, unless you dispute it.
Did you do a 'move out walk through' ? That is usually when damage is noted and compared to the 'move in' walk through that is done when you took possession of the property.
I dont know about Florida, however in Oregon and California, IF your landlord was able to rent the property immediately (thus obtaining rent for the month you did not pay rent) then he cannot also charge YOU rent. In other words, he cannot claim double rent for that property in that month. As far as breach of contract, and no notice fee, you need to check your lease agreement and see if there is mention of those items should the lease be broken and no notice given. These are all things YOUR attorney should be following up on for you, and if you are paying him/her for this service I would think twice about continuing to utilize his/her services.
Hope this helps
Carrie

[enid_97]

Originally Posted by CarrieT

Your post is confusing and there is more information that is needed here I think.
What was your rent amount each month? You say you gave him 85.00 extra to cover one month rent. Is that 85.00 above the rent due or wat the monthly rent 85.00?
When was your lease up, and when did you move out? Did you give a 30 days written notice to your landlord? (30 days is the usual, however some landlords require more... double check your lease agreement)...and if so did you sent it RRR?
How much was the deposit you left him and what was it for? (some landlords ask for 'first last and security deposit' some ask for 'damage deposit' some ask only for 'security deposit'). Check your lease to see what it was you put the money down for when you moved in.
The 'proof' is the copy of the original lease (rental agreement) which you signed. And then whatever the landlord wants to charge you for damage/charges to the property is up to him, unless you dispute it.
Did you do a 'move out walk through' ? That is usually when damage is noted and compared to the 'move in' walk through that is done when you took possession of the property.
I dont know about Florida, however in Oregon and California, IF your landlord was able to rent the property immediately (thus obtaining rent for the month you did not pay rent) then he cannot also charge YOU rent. In other words, he cannot claim double rent for that property in that month. As far as breach of contract, and no notice fee, you need to check your lease agreement and see if there is mention of those items should the lease be broken and no notice given. These are all things YOUR attorney should be following up on for you, and if you are paying him/her for this service I would think twice about continuing to utilize his/her services.
Hope this helps
Carrie

The rent was for $660.00 a month and the deposit was $575.00 so I gave him the difference to cover the month rent. He was not my first landlord, he purchase the unit after I was living there 3 years and never did a walk through with us or met with us in person. He has no proof of how the apartment was rented out to me, he wants to charge for normal wear and tear things that he knows he is not entitle to like paint. I broke the lease a month prior to ending, and in Florida as well he is not allow to charge doble for the same unit which is what he is trying to do. Sending copy of the lease to me and a paper charging for unpaid fees is not proof enough to have weight in court, like the debtcollector guy wrote. Any body can send those documents, but I think he needs to send more proof to back up his request. In the contract it only states that I am require to pay a month rent only if the apartment is not rented out, if is rented like he did, then he is not allow to charge that. What I really want to know is, if I take him to court or have him take me to court and let a judge decide.... Please advie. Thank you

[Ladynred]

Sending copy of the lease to me and a paper charging for unpaid fees is not proof enough to have weight in court,

Oh, but that IS more than enough proof ! Its proof of the terms of the lease, proof YOU signed it, and contains justification for charges he is allowed to LEGALLY make. What more do you want ?? A judge is going to look for the 'preponderance of evidence' and the signed lease and itemized list of charges is MORE than sufficient to prove his point.

If his itemized charges contain things that the landlord tenant law in FL says he cannot charge you can contest those charges. Do you have PROOF of the final payment you gave him ? Was there anything in writing to indicate what the $85 was actually for or how you came to that number ? DID you give them WRITTEN notice of your departure ??

[enid_97]

Originally Posted by Ladynred

Oh, but that IS more than enough proof ! Its proof of the terms of the lease, proof YOU signed it, and contains justification for charges he is allowed to LEGALLY make. What more do you want ?? A judge is going to look for the 'preponderance of evidence' and the signed lease and itemized list of charges is MORE than sufficient to prove his point.

If his itemized charges contain things that the landlord tenant law in FL says he cannot charge you can contest those charges. Do you have PROOF of the final payment you gave him ? Was there anything in writing to indicate what the $85 was actually for or how you came to that number ? DID you give them WRITTEN notice of your departure ??

I gave him a written letter explaining what the extra money was for and I have proof of the cancel check by him which he forgot to give me credit for it in his charges. I sing a lease, but the law states that I am liable to pay him rent until he rents the apartment, which he rented right away. There is nothing in his contract that he will charge for no notice fees, breach of contract and unpaid rent. There was not unpaid rent as he got money for the unit twice, from me and the new tenant. He wants to charge $1,780.00 and he got paid for the month I left. What do I need to do at this point, take him to court and fight it in front of a judge? He has no proof of how the apartment was rented to me either since I was alrady there, I do not believe he has grounds to fight that in court. I do have proof of how I left it when I moved out. Please advice of what to do at this point.

[CarrieT]

Originally Posted by enid_97

I gave him a written letter explaining what the extra money was for and I have proof of the cancel check by him which he forgot to give me credit for it in his charges. I sing a lease, but the law states that I am liable to pay him rent until he rents the apartment, which he rented right away. There is nothing in his contract that he will charge for no notice fees, breach of contract and unpaid rent. There was not unpaid rent as he got money for the unit twice, from me and the new tenant. He wants to charge $1,780.00 and he got paid for the month I left. What do I need to do at this point, take him to court and fight it in front of a judge? He has no proof of how the apartment was rented to me either since I was alrady there, I do not believe he has grounds to fight that in court. I do have proof of how I left it when I moved out. Please advice of what to do at this point.

Ok Enid... First of all - If he has a copy of the lease agreement, and YOU signed it and it is for property HE owns (if he legally took over that property and can show that in court) then that IS proof enough.

Secondly - You NEED to check that lease agreement. WHAT kind of deposit is it that you put down when you moved in? Was it a: Security Deposit, a Last Months rent Deposit? A Damage Deposit? A Pet Deposit? WHAT kind of deposit? And IN your lease, does it state anywhere that the deposit CANNOT be used as last months rent? (some lease agreements state that very clearly). You NEED to read your lease.

Thirdly - you say you GAVE him a letter. Do you mean you handed it to him? or did you mail it to him. Do you have a copy of the letter and do you (hopefully) have a certified receipt from him for it? The cancelled check only means you gave him money, it doesnt "prove" what that money was for.

If it were me... this is what I would do (after I first scrapped my lawyer) - I would double check that the deposit I left ACCORDING TO THE LEASE could be used for last months rent. I would check that there was NO breach of contract or no notice fee's stated in the lease agreement. I would check that the lease indeed covered the last year I was living on the property (I say this only because if you have been leasing more than 3 years and he took over from a previous landlord, it is entirely possible that the original lease you signed is no longer a term lease, but rather went to a 'month to month' tenancy after the first lease term was satisfied... in which case, you didnt break the lease - but you might have left without notice). Lastly I would look into Florida housing laws to find out WHAT constitutes "normal wear and tear". There are time limits on things like carpet and paint etc and if it has to be replaced prior to those time limits then they can be charged as 'damage'.
$1780.00 seems like a strange amount to charge. Make sure you understand exactly what he is charging for and then research the validity of each charge.

Then... I would draft a POLITE letter to the landlord, stating those FACTS you know to be true and those laws that are valid in your case. And restate exactly what your stand is so there is no confusion on his part.

For instance: "Dear Landlord, I have received your letter with the copy of the lease and charges you claim I owe. My lease would have been terminated on the ** of ** and I did leave one month early, having sent you a letter with the amount of 85.00 which together with the 575.00 deposit I have on file with you, satisfied rental for the last month of the lease. The letter did constitute my written notice. The charges you have listed are invalid for these reason:
I am sure we can come to a mutually satisfactory agreement. I await your reply. Sincerely....

And then wait and see what he says.

Ladyinred or some of the more experienced/knowledgeable posters might have some other or better ideas for you. However in the meantime...

Hope this helps get you started in the right direction
Carrie

[enid_97]

Originally Posted by CarrieT

Ok Enid... First of all - If he has a copy of the lease agreement, and YOU signed it and it is for property HE owns (if he legally took over that property and can show that in court) then that IS proof enough.

Secondly - You NEED to check that lease agreement. WHAT kind of deposit is it that you put down when you moved in? Was it a: Security Deposit, a Last Months rent Deposit? A Damage Deposit? A Pet Deposit? WHAT kind of deposit? And IN your lease, does it state anywhere that the deposit CANNOT be used as last months rent? (some lease agreements state that very clearly). You NEED to read your lease.

Thirdly - you say you GAVE him a letter. Do you mean you handed it to him? or did you mail it to him. Do you have a copy of the letter and do you (hopefully) have a certified receipt from him for it? The cancelled check only means you gave him money, it doesnt "prove" what that money was for.


If it were me... this is what I would do (after I first scrapped my lawyer) - I would double check that the deposit I left ACCORDING TO THE LEASE could be used for last months rent. I would check that there was NO breach of contract or no notice fee's stated in the lease agreement. I would check that the lease indeed covered the last year I was living on the property (I say this only because if you have been leasing more than 3 years and he took over from a previous landlord, it is entirely possible that the original lease you signed is no longer a term lease, but rather went to a 'month to month' tenancy after the first lease term was satisfied... in which case, you didnt break the lease - but you might have left without notice). Lastly I would look into Florida housing laws to find out WHAT constitutes "normal wear and tear". There are time limits on things like carpet and paint etc and if it has to be replaced prior to those time limits then they can be charged as 'damage'.
$1780.00 seems like a strange amount to charge. Make sure you understand exactly what he is charging for and then research the validity of each charge.

Then... I would draft a POLITE letter to the landlord, stating those FACTS you know to be true and those laws that are valid in your case. And restate exactly what your stand is so there is no confusion on his part.

For instance: "Dear Landlord, I have received your letter with the copy of the lease and charges you claim I owe. My lease would have been terminated on the ** of ** and I did leave one month early, having sent you a letter with the amount of 85.00 which together with the 575.00 deposit I have on file with you, satisfied rental for the last month of the lease. The letter did constitute my written notice. The charges you have listed are invalid for these reason:
I am sure we can come to a mutually satisfactory agreement. I await your reply. Sincerely....

And then wait and see what he says.

Ladyinred or some of the more experienced/knowledgeable posters might have some other or better ideas for you. However in the meantime...

Hope this helps get you started in the right direction
Carrie

Thank you so much for all this information, it has help me a lot. I did send him a certified letter with all the explanation to him and I have the card that he did sign for it. I read the contract and it does not state anything about charging for breach of contract, no notice fee. I also check with the Florida law for normal wear and tear and paint is consider normal wear and tear since I was living in the apartment for a total of 5 years. The lease also states that the deposit can be use for unpaid rent or damage to the unit. Have in mind this happend a 1 year and 4 months ago. When he send me the charges , I disputed by certified letter and I have proof that he received it, I never heard from him again until now, which in October of 2005 I receive a letter from a collection agency trying to collect this debt. I send them a letter disputing it and all they did was send the same documents I got a year ago. If he rents the apartment then I am only liable for the portion when the unit was vacant, which it was not long since by the end of the month after I left, the apartment was rented out.

[CarrieT]

Originally Posted by enid_97

Thank you so much for all this information, it has help me a lot. I did send him a certified letter with all the explanation to him and I have the card that he did sign for it. I read the contract and it does not state anything about charging for breach of contract, no notice fee. I also check with the Florida law for normal wear and tear and paint is consider normal wear and tear since I was living in the apartment for a total of 5 years. The lease also states that the deposit can be use for unpaid rent or damage to the unit. Have in mind this happend a 1 year and 4 months ago. When he send me the charges , I disputed by certified letter and I have proof that he received it, I never heard from him again until now, which in October of 2005 I receive a letter from a collection agency trying to collect this debt. I send them a letter disputing it and all they did was send the same documents I got a year ago. If he rents the apartment then I am only liable for the portion when the unit was vacant, which it was not long since by the end of the month after I left, the apartment was rented out.

Ok I didnt realise this took place over a year ago and that it was a collection agency you were dealing with, I thought you were dealing directly with the Landlord
Because this is a validation /collection agency matter, I dont feel qualified to give you expert advice.. but there are some really great people on here .. chien, ladynred, jetx who are very knowledgeable - so any advice they give will be first rate. The ONLY thing I know for sure, is if you get a notice to go to court.... GO.
Best of luck
Carrie

[enid_97]

Originally Posted by CarrieT

Ok I didnt realise this took place over a year ago and that it was a collection agency you were dealing with, I thought you were dealing directly with the Landlord
Because this is a validation /collection agency matter, I dont feel qualified to give you expert advice.. but there are some really great people on here .. chien, ladynred, jetx who are very knowledgeable - so any advice they give will be first rate. The ONLY thing I know for sure, is if you get a notice to go to court.... GO.
Best of luck
Carrie

Thank you so much for everything you were a great help

[enid_97]

Originally Posted by Ladynred

Oh, but that IS more than enough proof ! Its proof of the terms of the lease, proof YOU signed it, and contains justification for charges he is allowed to LEGALLY make. What more do you want ?? A judge is going to look for the 'preponderance of evidence' and the signed lease and itemized list of charges is MORE than sufficient to prove his point.

If his itemized charges contain things that the landlord tenant law in FL says he cannot charge you can contest those charges. Do you have PROOF of the final payment you gave him ? Was there anything in writing to indicate what the $85 was actually for or how you came to that number ? DID you give them WRITTEN notice of your departure ??

What I am more concern about is the fact that I gave him my deposit of 575.00 + 85.00 to cover the month of June rent and in the contract it states that the deposit can be use to paid rent in case of breaking the lease or repairs. He rented the apartment the same month of june, just 2 weeks after I move out and in the Florida status nor in the contract it states that he can charge extra for no notice fee, breach of contract and unpaid rent because I paid him. He wants to charge for normal wear and tear of things that I look it up and he cannot charge for those like painting the apartment. I was living there already for 3 years and he did not even did a walk through with me or a check list to see the condition of the apartment, so I want to know what can he proof. Doesn't he has to show proof that the apartment was not in the condition it was rented to me and also doesn't he has to proof that he did all the means to rent it. As per the contract I am liable until the unit is rented, then after that I am release of that obligation to pay for the month of July which it was the last month of my contract. I really need to know if he can do this, it seems to me that if I pay him 1780.00 that he wanst, I would be paying him triple of what I owe. Please help me to find out my legal rights to this matter. Thank you

[Ladynred]

I think your best bet is to find a lawyer who deals with landlord/tenant issues and find out EXACTLY what this landlord can or cannot do. If the law says he can't charge for normal wear and tear repairs - like paint - then you have no legal obligation to pay him for that charge. If he rented the apt soon after you left, then he has no right to try to get more from you for that month.

Don't assume that because he's hired a collection agency that he's right or that he will win anything. I'd get a lawyer.

[enid_97]

Originally Posted by Ladynred

I think your best bet is to find a lawyer who deals with landlord/tenant issues and find out EXACTLY what this landlord can or cannot do. If the law says he can't charge for normal wear and tear repairs - like paint - then you have no legal obligation to pay him for that charge. If he rented the apt soon after you left, then he has no right to try to get more from you for that month.

Don't assume that because he's hired a collection agency that he's right or that he will win anything. I'd get a lawyer.

Thank you very much for your information, I will get a lawyer to deal with this.