Apartment management says I owe for charges I don't upon move-out. Won't explain or contact me

[JackM678]

What is the name of your state? Texas

I left my apartment the 19th of January and gave a 60 day move-out notice. On the 2nd, they sent me a link to pay the prorated amount for 19 days. When I moved out, they told me they'd send me a final bill in the mail for the rent. Nothing came, but according to my online account which they said I wouldn't have access to after I moved out, they added more prorated rent charges, never contacted me, and reported to a collection agency after only 2 days.

They added 3 bad debt collection fees of $104.50 in addition.

I sent documents to the collection agency saying I paid the full amount of the prorated rent, but they aren't helping me, pretty much just because the apartment is saying I owe them more without explanation, and they are taking their word for it.

I don't really know what my options are as I don't really have the money to call and get advice from an attorney as I'm not employed due to the COVID-19. I sent another e-mail to the apartment complex saying if they don't return my call, I'm going to pay them a visit in person until they agree to settle the charges without a collection agency, as I'm not paying that full amount as I only owe for 2 months of utilities, and paid all the rent.

I have a copy of the normal rent payment, and the charges for 19 days match what I paid, and that was all I was supposed to pay.

The representative for collections said it was unusual that they'd contact them to collect debt they never called me about first.

Is there any kind of protection agency that helps with such cases or any options if the collection agency isn't processing the information right and just going along with their word over mine?

 

[PayrollHRGuy]

The Texas Attorney General has this site. It includes a consumer complaint link.

https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights

 

[JackM678]

What exactly does that do when filing a complaint though? Does it actually get you any help or just report to warn others?

 

[zddoodah]

I left my apartment the 19th of January and gave a 60 day move-out notice. On the 2nd, they sent me a link to pay the prorated amount for 19 days.

This is a bit unclear, but I assume the time line is thus:

11/19/19 - you give notice of intent to move out by 1/19/20
1/2/20 - you get link to pay rent through 1/19/20
1/19/20 - you moved out

Correct?

When I moved out, they told me they'd send me a final bill in the mail for the rent.

Why would there be a "final bill"?

They added 3 bad debt collection fees of $104.50 in addition.

Are "they" your landlord or the collection agency (or both of them jointly)? Does your lease provide for this?

Is there any kind of protection agency that helps with such cases or any options if the collection agency isn't processing the information right and just going along with their word over mine?

I'm not entirely understanding your dilemma.

For starters, did your landlord refund your security deposit (either in full or after deducting for normal wear and tear)? If so, then you're done. Just tell the collection agency that you'll not be paying anything further because you don't anything (you can also send a written notice in accordance with the provisions of the federal Fair Debt Collection Practices Act). Then keep an eye like a hawk on your credit reports. If something gets reported, disputed it in accordance with the provisions of the federal Fair Credit Reporting Act. On the other hand, if your landlord has not returned any of your deposit, then the burden will be on you to sue.

 

[JackM678]

I had no security deposit. They only collect a non-refundable admin fee upon move in which state law allows.

My lease ended the 18th of January. I e-mailed them the 20th of November that I'd be moving out the 19th as that was 60 days. So, I only had to pay 1 day of month to month, and the rest was pro-rated.


They said they'd said a final bill of 2 months of utilities, as they don't charge for utilities until the 3rd month you move in, and you pay the last 2 upon leaving. They sent me nothing.

I paid the full prorated amount on the 2nd, and on the 21st after I already moved out, they added additional charges, and then reported to collections 2 days later.

They pretty much are just making up numbers saying I owe them for things I don't, and are hoping I just pay and don't fight it to keep it off my credit report.

 

[adjusterjack]

Then pick a number that you think they owe you and sue in small claims court where they will have to prove their charges.

 

[JackM678]

So, the answer is there is nothing to do if they just wanna make up numbers?

 

[Gail in Georgia]

Could these additional charges be for damages above normal wear and tear to the rental unit?

That would be my guess since you did not have to provide a security deposit which is where the cost of these damages would be taken out of.

Gail

 

[reenzz]

I believe the OP did not pay his final utilities nor did the OP give proper notice under Texas law. I also do not believe that the OP is being charged for damages to the unit.

 

[JackM678]

There were no damages. They may be trying to claim I didn't leave notice, but I did, and exactly 60 days.

 

[PayrollHRGuy]

What exactly does that do when filing a complaint though? Does it actually get you any help or just report to warn others?

It is a report to the chief law enforcement officer of your state. If a criminal act has taken place one might expect it would be investigated.

 

[zddoodah]

So, the answer is there is nothing to do if they just wanna make up numbers?

Do you believe any amount is owed? If so, propose to pay that amount in full satisfaction of all claims. If not, then there's nothing to do unless the landlord or collection agency makes a report on your credit.

Then pick a number that you think they owe you and sue in small claims court where they will have to prove their charges.

The OP has no basis for suing the former landlord or the collection agency.

 

[reenzz]

There were no damages. They may be trying to claim I didn't leave notice, but I did, and exactly 60 days.

I doubt that a notice to vacate that is send by e-mail is sufficient unless it is acknowledged by the recipient. Does your lease require you to give written notice?

 

[FarmerJ]

Email is not considered to be proper notice in many places , how would you plan on proving that you sent proper notice with out a real written on paper proper notice to back your self up?. I suggest you first learn if this former landlord actually took you to court and won a judgment against you. Court records are public information and cannot be hidden from you. you can look this up your self. If you cannot find a court awarded judgment against you in the county that rental is in then when you hear from the bill collector again that you don't admit to owing anything but send to them a certified letter and in the letter insist they send to you a copy of a Judgment from the courts that says you owe this. Your former landlord is free to choose suing you in small claims court if they had not already done so. I suggest next time around that you do not repeat this mistake and use real paper letter , make a copy for your own records to staple to your postal receipt like a certificate of mailing receipt or a confirmed mail delivery receipt , ( neither require a signature and I have never had a judge refuse to accept a certificate of mailing which shown my name as sender and the tenants name and address and the receipt was stamped with postal cancelation date). I think the LL could make a reasonable argument to a court that you didn't give proper notice if the lease said notice was to be written notice. When faced with suing you after the fact its hard to say if the LL would be willing to spend the filing fee and take the time to go to small claims court but the former LL can choose to do so. If your fortunate the former LL may just let it go.

 

[zddoodah]

Email is not considered to be proper notice in many places , how would you plan on proving that you sent proper notice with out a real written on paper proper notice to back your self up?

Ummm...this is the 21st Century. Email evidence is used all the time. Emails get printed and offered into evidence. They're regularly displayed on Elmo viewers, etc., etc.

That said, I don't disagree that some places are sufficiently backwards that they might not be up to speed with technology, and I have no idea what specifically Texas law might have to say on the subject.