collection of "supposed" rent due

[weezer]

I signed a 2 month lease on an interim between homes. I was very specific with the landlord about only being two months. In fact, they have a month-to-month provision for people in my situation. I was not told I would have to give a 30 day notice (although I later found it in the small print), even though the manager said she told my husband and I verbally (she didn't). On the 38th day of our residence, I reminded them we were leaving. Of course, this was 8 days past the 30 notice. The landlord claims I owe rent for the extra days and even prorated it at a higher rate than the daily rate. They also claim $35 for "lite cleaning", even though I left the apartment in spotless condition and definitely better than when I moved in.
They have turned over the account to a collection agency (the total is about $280) and now the collection agency is harrassing my husband at work saying things like "We know where you work."
My questions are these:
1. They are threatening to take us to court. Is their only venue Small Claims?
2. They are threatening to garnish wages. Can they only do this with a judgement from Small Claims?
3. They are threatening this will go on our credit report. If we dispute all their claims, can they only do this if they get judgement?
4. What recourse do we have for their harrassment of my husband at work?
5. How strong is their case when we have paid exactly 2 months rent and a late fee? (we paid the one of the payments late)

 

[Tracey]

1) Did your husband sign the lease also? If he didn't, the collection agency may not be able to collect from him at all. If they can't collect from him, they certainly can't harrass him at work. In either case, he can tell the agency not to contact him at work and they have to abide by this.

2) Landlords can't charge you for normal wear and tear, such as shampooing carpets. Demand an accounting of the "lite cleaning" - what did she do and how long did it take? Did you take pictures when you left or do you have any witnesses who saw how the apt looked (maybe the people who helped you move)?

3) They probably can't garnish wages without a court order. However, a small claims court judgment is still a judgment and can support a garnishment.

4) If they sue you, your argument is that you gave notice at signing that you were only staying 2 months. Therefore, no further notice was necessary. Landlord told you this was OK and you reasonably relied on her verbal acceptance of your notice. Landlord will argue that people who think they're only staying for 2 months often end up staying for 3 or 4 and she needed you to give proper written notice. It's a tossup either way.

If you want the collection efforts to stop, file a small claims action against them for a refund of the $35 deducted from your deposit and a declaration that you gave adequate notice. Let the judge decide, then pay whatever s/he decides.

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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.