artworkbyanna
Junior Member
What is the name of your state (only U.S. law)? Alleged debt in California – We now live in Oregon.
Original post in Landlord/Tenant Issues:
My husband and I broke our lease agreement a little over 2 years ago. When we knew we had to break our lease, we did everything we could to have the apartment rented as soon as we were out. We had multiple people come and look at the apartment and apply for the apartment. Prior to moving out I was told by the manager and confirmed with her that someone else had already applied and signed a new lease for my apartment. I was told that we were only responsible for the time the apartment was vacant, which we already knew.
Fast forward 2 years later. we receive a collections notice that we owe the full 8 months of our remaining lease. We never received a single notice, letter, phone call or anything from the apartments prior to the letter we received in the mail from the law firm. I called the law firm to dispute and have them confirm the amount I owe. I received a call back from the manager stating I owe the full amount. The collection agency manager threatened me saying I need to make a $1,000 payment by the end of April or they are going to report the debt to my credit. I asked if they could send me proof of the amount due and when the next tenant moved into our unit. They could not give this to me.
I know in the state of CA that the Property management/company need to do their due diligence to get the apartment rented. The apartment kept our security deposit, which was fine with us and covered the full month of March. I understand that we are responsible for the time the apartment is vacant. We moved out 3/6/15. The bill we were sent was signed and dated 3/9/15 for the full amount of our lease due. I assume this is incorrect as we were told someone else had rented the apartment.
I have left a voicemail for the property management company directly to request copies of all signed lease paperwork. How would I go about requesting proof from the management company when the next tenant moved in? It's very upsetting to be told by the manager that the apartment was rented and we would not owe anything more then to be billed over 2 years later. Of course I have multiple emails to the manager at the time, but she would always call me to respond so I have no paper trail of the information I was given. I did provide our forwarding address to the manager just after moving but never received correspondence. Thank you for your time.
***UPDATE***
I did send a validation letter to the collection agency/law firm within the 30 day period. Below is the information I requested:
I respectfully request that you provide me with the following:
1. The amount of the debt;
2. The name and address of the creditor to whom the debt is owed;
3. Identify the name and address who the original creditor of the debt was;
4. An explanation of what the money owed is for;
5. An explanation of how the amount owed was calculated;
6. Provide copies or other verification of any judgment (if applicable);
7. Proof that you are licensed to collect debts in my state;
8. Proof of the last payment made on the account;
9. Prove that federal and state statute of limitations, applicable to the debt, have not expired;
10. Provide your offices valid license numbers and registered agent;
11. Date of original charge off or delinquency;
12. Verification that this debt was assigned or sold to a collector;
13. Amount paid if debt was purchased;
14. Agreement with your client that grants you the authority to collect on this alleged debt.
I did receive a response back from the agency. They sent me a copy of the bill that I already received and the first 2 pages of the original lease agreement. They did not provide any other information.
I did finally get a hold of the apartments a few days before I sent the validation letter and did request copies of all the paperwork we signed. I was instructed to email a request to the apartment manager. I did email a request and did call a few days later and spoke to the same gentleman stating that he did confirm with the manager that she had requested our file out of storage. I never received an email response from the manager as I requested in the email.
I called the apartments back yesterday after we received the response of the “validation” from the agency. I spoke with the manager and she said that she received my requests and forwarded all documents to the agency. I asked her for copies of the documents and she directed me to the agency. I did state that when we moved out she confirmed that the unit had been re-rented and confirmed with her that we would not owe anything more. She told me to contact the agency as they have copies of all documents.
How would we go about disputing the amount owed? I do not believe we owe this debt at all, but if we do owe anything at all it would be MUCH less than what was billed. We were lead to believe that all matters had been resolved and no other actions needed to be taken by both parties. Should I contact the agency to request copies of the lease agreement and cancelation of our lease? How do we get proof when the next tenant moved into the unit? I just don’t know where to go from here. Do I send another dispute letter? Any information would be greatly appreciated.
Thank You!
Original post in Landlord/Tenant Issues:
My husband and I broke our lease agreement a little over 2 years ago. When we knew we had to break our lease, we did everything we could to have the apartment rented as soon as we were out. We had multiple people come and look at the apartment and apply for the apartment. Prior to moving out I was told by the manager and confirmed with her that someone else had already applied and signed a new lease for my apartment. I was told that we were only responsible for the time the apartment was vacant, which we already knew.
Fast forward 2 years later. we receive a collections notice that we owe the full 8 months of our remaining lease. We never received a single notice, letter, phone call or anything from the apartments prior to the letter we received in the mail from the law firm. I called the law firm to dispute and have them confirm the amount I owe. I received a call back from the manager stating I owe the full amount. The collection agency manager threatened me saying I need to make a $1,000 payment by the end of April or they are going to report the debt to my credit. I asked if they could send me proof of the amount due and when the next tenant moved into our unit. They could not give this to me.
I know in the state of CA that the Property management/company need to do their due diligence to get the apartment rented. The apartment kept our security deposit, which was fine with us and covered the full month of March. I understand that we are responsible for the time the apartment is vacant. We moved out 3/6/15. The bill we were sent was signed and dated 3/9/15 for the full amount of our lease due. I assume this is incorrect as we were told someone else had rented the apartment.
I have left a voicemail for the property management company directly to request copies of all signed lease paperwork. How would I go about requesting proof from the management company when the next tenant moved in? It's very upsetting to be told by the manager that the apartment was rented and we would not owe anything more then to be billed over 2 years later. Of course I have multiple emails to the manager at the time, but she would always call me to respond so I have no paper trail of the information I was given. I did provide our forwarding address to the manager just after moving but never received correspondence. Thank you for your time.
***UPDATE***
I did send a validation letter to the collection agency/law firm within the 30 day period. Below is the information I requested:
I respectfully request that you provide me with the following:
1. The amount of the debt;
2. The name and address of the creditor to whom the debt is owed;
3. Identify the name and address who the original creditor of the debt was;
4. An explanation of what the money owed is for;
5. An explanation of how the amount owed was calculated;
6. Provide copies or other verification of any judgment (if applicable);
7. Proof that you are licensed to collect debts in my state;
8. Proof of the last payment made on the account;
9. Prove that federal and state statute of limitations, applicable to the debt, have not expired;
10. Provide your offices valid license numbers and registered agent;
11. Date of original charge off or delinquency;
12. Verification that this debt was assigned or sold to a collector;
13. Amount paid if debt was purchased;
14. Agreement with your client that grants you the authority to collect on this alleged debt.
I did receive a response back from the agency. They sent me a copy of the bill that I already received and the first 2 pages of the original lease agreement. They did not provide any other information.
I did finally get a hold of the apartments a few days before I sent the validation letter and did request copies of all the paperwork we signed. I was instructed to email a request to the apartment manager. I did email a request and did call a few days later and spoke to the same gentleman stating that he did confirm with the manager that she had requested our file out of storage. I never received an email response from the manager as I requested in the email.
I called the apartments back yesterday after we received the response of the “validation” from the agency. I spoke with the manager and she said that she received my requests and forwarded all documents to the agency. I asked her for copies of the documents and she directed me to the agency. I did state that when we moved out she confirmed that the unit had been re-rented and confirmed with her that we would not owe anything more. She told me to contact the agency as they have copies of all documents.
How would we go about disputing the amount owed? I do not believe we owe this debt at all, but if we do owe anything at all it would be MUCH less than what was billed. We were lead to believe that all matters had been resolved and no other actions needed to be taken by both parties. Should I contact the agency to request copies of the lease agreement and cancelation of our lease? How do we get proof when the next tenant moved into the unit? I just don’t know where to go from here. Do I send another dispute letter? Any information would be greatly appreciated.
Thank You!
