Move-in(out) Inspection requirements

[Takamine334]

What is the name of your state? Washington State

I moved into an apartment for a special they were running ($99 admin fee and obviously first months rent). I never signed a move-in. When moving out, I never signed a move-out. I contacted the apartment manager when moving out if they had any specific requirements on cleaning and was informed that for $100, they could clean it for me, so I opted for this as I was going on the road for several months of travel. I move out, everything is fine. Six months later I receive a letter stating that I owe a total of $806 for complete carpet removal (due to grease stains; I don't operate a body shop in my living room) and full painting of the entire apartment (due to smoke; I don't smoke). I call the apartment to contest the cost and was met with, "sue us".

I leave the incident alone for several months and hear nothing about it. As I go to check my free annual credit report we get every year, there's the $806 amount in collections.

Is this legal? No move-in, no move-out? No notice of collections. No judgment against me and it still goes to collections?

[ws6whiteshark]

Dispute it with the credit beaures.

Do you have anything in writing about the $100.00 move out cleaning? Did you provide written notification of your move out with a forwarding address? Any pictures of the carpet/walls from move out? Did you request in writing return of your security deposit after you moved out? There's usually a time requirement on notification of damages deducted from the security deposit. I take it they failed to comply with this timeframe.

[Takamine334]

Dispute it with the credit beaures.

It's currently in dispute now and takes 30-45 days. Should I wait for this time or get the ball rolling on filing in small claims court?

Do you have anything in writing about the $100.00 move out cleaning?

I have a check that states what it's for.

Did you provide written notification of your move out with a forwarding address?

Yes, AND all mail was being forwarded 1 week prior to moving out to my new PO Box, so I know mail was working.

Any pictures of the carpet/walls from move out?

No

Did you request in writing return of your security deposit after you moved out?

There wasn't a security deposit. It was a $99 non refundable "admin" fee to move in.

There's usually a time requirement on notification of damages deducted from the security deposit. I take it they failed to comply with this timeframe.

I don't know what the time liimit is, but we learned of it some 6 months later. It was then I contested it and they told me basically to "sue us".

[Takamine334]

Not many responses....is this an odd issue or does no one have expertise in this area? I guess what I'm asking is, do I have a case in small claims?

[OHlandlord]

Look at the term "collections" this way. If you owe a gas bill and the company is unable to collect from you, do they take you to court and get a judgment against you before they send it to collections? No. The same for this apt. company. They tried to collect and were unable to. They turned it over to collections. If you want to dispute these charges, you need to do 2 things. One dispute it with the credit agency (transunion, equifax, or experion, whichever it shows up on) and two, take it to small claims court. You have no deposit to claim, but the court could get the charges dismissed and they would have to notify the credit bureaus of such. I don't know if the BBB could do much of anything. They can send a letter to the owner/LL, but he can ignore it. Without a court desicion behind it, it hasn't got much weight.

[Takamine334]

I don't want to sue for anything more than getting this removed from record.

Thank you for the responses.

And for what it's worth, in Washington State, as far as I'm aware, an LL can't take someone to collections without a judgment. It's not the same as a utility bill or a credit card.

[OHlandlord]

Why wouldn't it be the same? LLing is a business, the same as a utility company or a credit card company. (Why is it that tenants think we don't run a business?) They sent you a bill. You should have disputed it immediately, not waited several months and ignored it. If the gas company sent you a bill for $1200, you would call and dispute it right now, wouldn't you? If the credit card company gave you a bill for something you didn't buy, you'd call them up immediately too. If you fail to pay mortgage payments, it is sent to collections. If they still cannot collect, then they go to court and get a judgement against you (for foreclosure).

I'm not saying you owe the money. Just that your thinking about what constitutes a bill and what collections are is erronious. When you didn't dispute that bill, you tacitly gave your approval to it. (Think you could go back and dispute a credit card charge after several months?) You need to dispute this bill, in writing, immediately. Send it by certified mail to the apt. complex detailing why you don't owe the money. Send a copy of the check that shows "cleaning charges" . Send a copy to all the credit bureaus that this shows up on. Keep a copy for yourself in case you have to go to court to clear this up. Good luck. I hope it gets settled quickly.