• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord refused to show my old record

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

chufaichan

Guest
What is the name of your state? CA

I moved out of an apartment complex for almost a year. Recently, the management of the complex had send a bill to a credit collection agency, regarding to the past damage fees (which was more than out deposit), and a rent fee of $280. When I had gotten the notice about the fees from the collection agency, it charged everybody, who were under the lease $500 each person, since that fee was suppose to be shared. I asked them whether I could pay my share of the fees only, and leave the rest to my previous roommates. However, they said "no", and told me to receive money from them by myself. Therefore, I asked them to get the co-signers of my previous roommates and , they won't give it to me because they said that the collection agency are handling the problem, and the situation have nothing to do with them. I've called the collection agency and told them about the situation. Also, I've asked them for the information, but they said that they don't have the information regarding to co-signers. Therefore, right now, I don't have any co-signers information, and I don't want to pay the whole fee without getting money from the other people.

Above that, I want to see the information regarding to the contract and cleaning fees of our apartment. They said that they don't have it in their file, and of course, referred me back to the collection agency.

At the same time, of course, I want to know who didn't pay the $280 rent, but they won't give me any information regarding to that as well.

Right now, I know that they have the files in their back room, but they either say that they don't have it, or referred back to the collection agency, which is in Florida. Therefore, I have a couple of questions regarding to this situation.

Do I have the legal rights to see my records regarding to the lease, and the information that I want to know, such as phone number of the co-signers, and the view of the payment log book. Also, is it legal for them to go straight to the collection agency, without any attempt to contact me earlier, and is it right to split the cleaning fees in evenly distributed bills?
 


JETX

Senior Member
Actually, each of the signers on the lease is individually liable for the full amount of any valid claim.... up to the creditor getting 100% payment. Lets say that you pay the full amount. It is then up to you to collect the share-ratios from your other roommates. The landlord does NOT have to try to determine equal-shares.

As for your questions:
"Do I have the legal rights to see my records regarding to the lease,"
*** Since the debt is being pursued by a 3rd party collector, you have the right (per the FDCPA) to request a 'validation' of the debt being claimed. Send the collector a letter by certified RRR. A good validation letter can be found at http://www.creditinfocenter.com

"and the information that I want to know, such as phone number of the co-signers,"
*** No. They have no obligation to provide personal information on others.

"and the view of the payment log book."
*** Send request for validation letter.

"Also, is it legal for them to go straight to the collection agency, without any attempt to contact me earlier,"
*** Yes.

"and is it right to split the cleaning fees in evenly distributed bills?"
*** No. As noted above, they can make a demand for 100% repayment from each of the parties, but can't collect more than the full damages.
 
C

chufaichan

Guest
I had search on the apartment complex website, and I found out that the company policy said "Each resident is only responsible for the rent on his/her leased bedroom"

website: http://www.jeffersonon5thstreet.com/templates/template_jpistudent/askus.asp?w=jeffersonon5thstreet&c=jpi.onesite.realpage.com&e=1049405&s=1049383&t=template_jpistudent&siteid=1049383

Should I use this statement to argue with them about the total payment?

Addition, the company have never send me the security deposit or any letter about this within the time frame. Does this violate the CA law about security deposit?
 

HomeGuru

Senior Member
chufaichan said:
I had search on the apartment complex website, and I found out that the company policy said "Each resident is only responsible for the rent on his/her leased bedroom"

website: http://www.jeffersonon5thstreet.com/templates/template_jpistudent/askus.asp?w=jeffersonon5thstreet&c=jpi.onesite.realpage.com&e=1049405&s=1049383&t=template_jpistudent&siteid=1049383

Should I use this statement to argue with them about the total payment?

**A: so what, website information has no bearing on this issue. You need to read your written lease because the lease and L/T law are the only criteria.
**********

Addition, the company have never send me the security deposit or any letter about this within the time frame. Does this violate the CA law about security deposit?

**A: possibly, but was the deposit and the notice sent to one of the other joint tenants?
 
C

chufaichan

Guest
i just got contact with all other three roommates and they said they never received anything except that debt collection letter from the collection agency.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top