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What are my rights?

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L

Lorimay

Guest
My husband and I moved out of an apartment complex in Florida 6/30/00 to Virginia...on July 10th we received a letter from the manager of the complex for damages. It stated we had 15 days to reply to this letter with any objections to the claim. We did so by certified mail within the time period of 15 days. We never received any response back from them. A couple weeks ago...we both received seperate letters from a collection agency about this debt of $132. They sent my husband a letter to his parents in New York and sent my letter to my old address in Florida for some reason. We did of course leave a forwarding address with the apartment complex (that's how we received our original letter from them).
This letter from the collection agency did not have the information on it about the Fair Debt Collection Protection Act that I understand to be required by law. It also had no information who the creditor was. We figured that out ourselves. I wrote a letter today (that I plan on mailing tomorrow certified mail)that requests a cease of communication, my right by law. I don't want to deal with them because I feel they sent an illegal letter because it lacked the FDCPA information. Am I doing what's right by sending them this letter? I dispute the claims of damages the apartment complex is stating and am not sure how to deal with them. I originally in my letter to them was only objecting to the claim for $100 to countertops. These countertops are more than likely the originals(15yrs old)and were old looking when we moved in. On our original walk thru sheet, there was no area asking about condition of countertops like it had for almost everything else, so no mention was made if the condition was good, fair or poor.(the new walk thru sheets they have now by the way have that on them). They also charged us $30 for a bleach stain to the carpet(which I accidently did)and agreed originally to that. They said the $30 would cover them having it dyed when the carpets are cleaned. However, I found out a few weeks later from a former neighbor, at the request of the NEW tenents, a new carpet was installed. So, I feel I should not have to pay for that claim if they changed their minds to replace the carpet. By the way, we lived there for 4 years. The last claim is for damaged mini-blinds. I agree they needed replacing, however they charged me $40 each for standard blinds...nothing fancy. (Wal-Mart has them for $4.00) Do I have a right to request receipts that they paid $40 for these or is there any justified complaint I have to the excessive amount they are charging for these? I don't mind paying for what is fair...but they are known to try to give people a hard time when move out time comes around. We've always been good, rent paying tenents and never had problems like this in the past.
Thank you for any help you can provide. I just want to take the proper steps in dealing with this matter. I hope someone can help.

Thank you,
Lori
 


P

peter

Guest
You have the right to get ripped of and sued and have a bad credit report because you VIOLATED THE #1 RULE WHEN MOVING FROM AN APARTMENT.....

You MUST BUY a 2 or 3 disposable cameras and take pictures of everything, the carpet doors kitchen, bathroom stove outside and make an extra set or 2 with them dated,and time stamped

It will be the best $40 you will ever spend
 
T

Tracey

Guest
You are allowed to tell a collection agency to buzz off.

Countertops: it will be your word against landlord's. On your side is that the counters are 15 years old, & 15 year old counters don't look new. Under FL law, L has the burden of proving that the damage occurred when YOU were the tenant. If you deny the damages, L may be SOL.

Carpet: The can't retain money to fix/dye the carpet & replace the carpet. Once they decided to replace the carpet, nothing you could have done to it would have caused L 'damages'. Old carpet has little or no resale value. L had no expenses that were due to the stain & only the stain.

Miniblinds: If the original blinds were WalMart quality, it's unreasonable for L to replace them with better blinds or to spend money fixing them. On the other hand, even if L kept the old mounting brackets & only had to slide the new blinds in, intalling the blinds could have taken a while, if L also shortened them. It takes me about 10 minutes to install blinds, & 15-20 to shorten them, depending on the type. Demand L furnish you with receipts for the blinds & records of the time spent installing them. Make sure L hasn't upgraded the quality or charged you an hour/blind + the time to drive to the store 17 times. What shape were the blinds in when you moved in?

If it's only $132 at stake, you're better off just paying it or settling. Trying to sue in FL when you live in VA is a pain. If you think you could get money back (after adjusting the charge for the blinds), you can use this as leverage to force L to settles for just keeping your deposit & not charging you anything. Write L & quote the FL L-T laws (Title VI, chapter 82). 83.49(3)(b) appears to imply that if you object to L's claim for damages, L can't take that deduction. L has to refund the objected-to amount & sue you to adjudicate the damages.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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