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Sue for non-monetary damages?

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amelita

Junior Member
I live in NJ in a huge complex owned by one of the largest apartment operators in the country. As part of a recent move from one apartment to another within the same complex, my current roommate and I paid (by two separate checks) a lease transfer and 17 days worth of rent (the total amount due for that month, per their calculations) on an apartment we recently vacated. When we received notice of the security deposit refund, they had failed to credit this money (nearly $1,200). Far more importantly, they threatened to turn our account over to a collections agency because of these charges (which were incorrect) and did not mail notice of the charges, according to the postmark, until two weeks past the date they said they would turn the account over. It's now been three weeks past the day we received the notice, and despite certified letters, emails, and countless calls to the management office, the corporate "helpline," and the legal department, no one has made any contact with me about this issue, and I have no idea if we've been reported. I believe this may be some sort of retaliation by the management because of an earlier dispute about the condition of the new apartment. In addition to the security deposit (which we have still not received), I'd like to sue them for some sort of proof that they have not turned the account over or some other sort of protection for us against their error (intentional or otherwise). I know enough about consumer law to know that it's rarely on the side of the consumer, particularly where credit reports are concerned, but we did absolutely everything by the book and need to make sure our credit is protected. Doesn't a company that I do business with have an obligation to post payments accurately and timely, and don't companies have an obligation to protect a consumer's credit report against errors they have made? Do I have to wait until the charges appear on my report (if they do) to take any action? Any suggestions?
 
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Alaska landlord

Senior Member
Suggestions?

Yes, re-write your post, and this time state whether or not the LL was expecting 17 days of rent. What was the agreement on the amount of payment upon termination?
 

amelita

Junior Member
Thanks - I rewrote the post. We were moving from one apt to another in the same complex. The 17 days of rent we paid reflected all the rent that was due on the apartment we vacated and was cleared by the bank by the 7th of that month, as required (we paid the amount they told us to pay when we approached them at the beginning of the month). The lease transfer check was cleared by the bank more than 30 days prior to vacating the old apartment, as required. I've sent in copies of both the front and back of both checks (showing the landlord's stamp on the back) via certifed mail and again via email, w/ a cc to the corporate headquarters "helpdesk." It's been nearly a month, and no response -- no updated "Move Out Reconciliation Report," no returned security deposit, no information about whether it's been turned over to a collections agency. No contact from them at all.
 
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MIRAKALES

Senior Member
It is doubtful that management would retaliate about a complaint regarding the new apartment condition.
It is possible that management records are accounting only for a typical apartment move-out (not a transfer to new apartment). The calculations and notices may be based upon an early lease termination which would make tenants responsible for the remainder of the lease agreement.

The lease transfer amount ($1200) represented the payment remaining (17 days) for the vacated apartment rental. The Security Deposit Settlement Statement would be a separate issue related only to the condition of the original apartment rental at move-out. The initial security deposit would be used to compensate for damages in the original apartment rental only.

According to New Jersey (NJ) law, the settlement statement should be delivered by LL within thirty (30) days of move-out. Although the written settlement statement (without financial refund) should be provided as a condition of move-out, the security deposit would not be refunded. The original security deposit would be applied to the new apartment rental. (Unless, of course, if tenants paid an additional security deposit for the new apartment rental.) When tenants transfer apartment rentals often times the original security deposit is applied to the new apartment without record of the transfer provided to tenant.
Request that management provide a written statement with letter to confirm the use and transfer of the security deposit.
 

amelita

Junior Member
The problem here is that they are not responding to us, and there's a threat out there about collections. I've already tried certified letters and emails stating exactly what I woud like. They may have mailed notice of the security deposit refund w/in 30 days after we vacated, but the due date for the (incorrect) charges that appears in this notice was less than two weeks from the date we vacated. The corporate helpdesk claims they have contacted the management of our apt complex as well as the regional office, but still no response. I can prove that we have paid everything on time and in full, so I am not worried about any additional charges, or even about getting our deposit back (eventually). I am most concerned here about protecting our credit reports. Can -- and will? -- small claims courts award non-monetary judgements, i.e., a letter from the main headquarters absolving us of any wrongdoing in this situation. Something we can use going forward in case these charges somehow appear on our records because something slipped through the cracks -- as $1,200 in payments already did. I thought about suing for a year of credit monitoring for both of us, but I've been told I would not win.
 

ecmst12

Senior Member
Pull your credit reports, you can do it free once per year. Also, talk to a lawyer....there's nothing like a good threatening letter from counsel to make corporate buffoons take notice. You don't have any standing to sue at this point, you have to have MONETARY damages for that. But hey, if they can threaten, so can you. You will have to pay for the lawyer...but i think it would be worth it.
 

MIRAKALES

Senior Member
The PAYMENT for the vacated rental and the NOTICE for the security deposit transfer will be key to evidence how monies were disbursed. Otherwise, the transactions will not be clear to independent third parties. (Management may believe and claim that the original security deposit was refunded and that tenant did not provide a new security deposit for the current rental unit.)

Tenants should maintain copies of both check payments that amounted to the lease transfer amount of twelve hundred ($1200) dollars. The twelve hundred ($1200) dollars represented the payment remaining for the seventeen (17) days for the vacated apartment rental only. The lease transfer will become vague and confusing in the not to distant future. Therefore, both tenants will need record of the combined check payments for the one vacated rental payment, and copies of the security deposit transfer notice.

Request a free copy of both credit reports within a few months to confirm whether the collection notice was posted. At this point, there has not been any communication from credit collectors, therefore, this is a non-issue. Send the payment proof to the Credit Reporting Bureaus and debt collectors should the amount appear on the credit report or credit collection action is taken. The proof of payment will resolve the problem and collection actions will end. The Credit Reporting Bureaus will remove all unverified reports.
 

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