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[co-op]

What is the name of your state?California

 

[co-op]

I got a legal notice to leave my apt. I left before the 60 days allowed, so I wasn't evicted. During the 2 plus months between Nov. 2018 when I got the notice and when I left, I tried to pay my rent several times with a bank check, but the manager would not take it. I may have gotten a Three Day notice first or later- don't remember.

I had been in the apartment five years.

Now I've been out of the apt. 6 months. I left a forwarding address with the post office, but the manager never sent me a letter, never even called or emailed about returning my $500 deposit or asking for any back rent.

Instead, a few days ago, I get a letter from a collection agency- FCO, Fair Collections & Outsourcing, asking for $1440.37. I believe this would be 2 months rent, though the manager never sent me an account of what he thought I owed and about returning my security deposit.

My rent was refused for about 2 months twenty days from the time the manager started harassing me until the time I left. He didn't do the Three Day right away, tried to talk me out of moving first. I kept the place in excellent condition. I found out from Legal Aid that the manager could ask me to leave whenever he wants, for no reason. The apt. is not under LA County rent control, tho it was a low income apartment. Each new building in LA county is supposed to set aside a certain # of apts. for low and lower income.

I read that FCO is the worst collection agency- most difficult to deal with. I'm concerned even if I paid the $1440 the agency would not remove my bad credit report from their records, and I'd have to go thru a lot of paperwork and b.s. to try and get it removed, if at all.

The low income apt. was supposed to be inspected by LA County HUD once a year. The manager never called HUD to inspect my place during the last year I was there. I called HUD and that's what they told me.

Does the manager of my former apartment legally have the right to collect 2 months rent after I've been out of the place six months?
He never sent me an account of what I owed or of returning my $500 security deposit.

Should I pay the collection agency now? What about bad credit staying on my record even if I pay?

 

[Zigner]

Your story doesn't make a lick of sense. A 3-day notice to quit doesn't give you 60 days....and it just cascades from there.

 

[co-op]

What doesn't make sense to me is what to do now that the manager through a collection agency wants 2 mos. back rent 6 months after I moved out.
He never contacted me about returning my security deposit, paying back rent, nothing.

 

[adjusterjack]

Why were you asked to move out in the first place?

What did your written termination notice say?

 

[co-op]

Hi- Yes I was asked to leave. Please look at what I wrote last Sunday.

There is a 60 day legal period where you are legally allowed to stay before an eviction notice is sent. I got a legal letter about this. I left after about 50 days.

If I hadn't left they would have probably followed with an eviction notice.

I tried to pay my full rent several times during the 50 days I was at the apt. The mgr. would not accept it.

Now a collection agency is after me for 2 months of the 2 and a half months I owed.

The manager was supposed to give me a full accounting of what I owe and what if anything he's keeping and why. He never did that.

The manager would not accept rent while I was there. He never sent me a letter saying that I owed rent after I left, or about my $500 security deposit being returned.

I read this collection agency that's bothering me is the worst- they don't take your name off their records even if you pay in full.

 

[co-op]

Hi adjusterjack- I was asked to move out. If the apt. isn't under LA county rent control, which this apartment wasn't, the manager can push you out for no reason at all. For no reason. I found this out from Legal Aid. I kept the place in really good condition. No damages or problems. It was a low income apt. and maybe the mgr. wanted to raise the rent on it and give it to a higher paying tenant.

I have to find my termination notice- but it was a 60 day notice. I could call Legal Aid tomorrow and get the exact wording, or look it up and get back to you.

 

[Zigner]

Here is how things are: You lived there without paying rent for 2-1/2 months. Whether you tried to pay or not is irrelevant, the fact is that you didn't pay and you acknowledge that you didn't pay. Now you are being asked to pay by a collection agency. You've got some choices. You could pay and be done with it. You could not pay and, eventually, be sued for it. You could sue for the return of your deposit, at which time the apartments will counterclaim for the unpaid rent.

There's really not much we can do to help you - you are going to have to deal with it. You probably should, at the very least, consult with an attorney.

 

[co-op]

Yes I know what you're saying. I'll probably talk w/a lawyer. There are lawyers connected w/this site but I'm not sure about connecting w/one of them.

Any thoughts on talking w/ a lawyer connected w/this site?

If I sued for return of my deposit and won, the apt. owner would have to pay me 1440 plus an extra 2880=3 mos. total rent.

I think I would have a good chance of winning. Any thoughts on winning?

There is no specific statement from the collection agency about what the 1440 is for- I'm pretty sure it's 2mos. rent, but they are supposed to spell out or say exactly what the money is for and they don't do that.

 

[quincy]

You can try: https://attorneypages.com

 

[not2cleverRed]

Here is how things are: You lived there without paying rent for 2-1/2 months. Whether you tried to pay or not is irrelevant, the fact is that you didn't pay and you acknowledge that you didn't pay. Now you are being asked to pay by a collection agency. You've got some choices. You could pay and be done with it. You could not pay and, eventually, be sued for it. You could sue for the return of your deposit, at which time the apartments will counterclaim for the unpaid rent.

There's really not much we can do to help you - you are going to have to deal with it. You probably should, at the very least, consult with an attorney.

1) Shouldn't there have been a judgement before going to collections? OP claims to have left a forwarding address, although it is unclear to me whether that was given to the LL in addition to the post office.

2) Why didn't OP demand the security deposit back, or at least an accounting.

 

[Zigner]

1) Shouldn't there have been a judgement before going to collections?

Not necessarily. If you don't pay your doctor's bill, you go to collections. If you don't pay your credit card bill, you go to collections.

I

 

[Zigner]

Yes I know what you're saying. I'll probably talk w/a lawyer. There are lawyers connected w/this site but I'm not sure about connecting w/one of them.

Any thoughts on talking w/ a lawyer connected w/this site?

If I sued for return of my deposit and won, the apt. owner would have to pay me 1440 plus an extra 2880=3 mos. total rent.

Only if that's what the court ordered...

I think I would have a good chance of winning. Any thoughts on winning?

If you can't prove that you notified the apartments of your new address, and if they can prove that they sent notice to your last known address, then you lose.

There is no specific statement from the collection agency about what the 1440 is for- I'm pretty sure it's 2mos. rent, but they are supposed to spell out or say exactly what the money is for and they don't do that.

Why do you feel the collection agency has to do that? They don't.

 

[not2cleverRed]

Not necessarily. If you don't pay your doctor's bill, you go to collections. If you don't pay your credit card bill, you go to collections.

I

But I've never heard of a doctor's office or cc refusing payments.

OP's situation is that after the 60 day notice, rent was refused. Now, given that, OP should have put aside that $ in an account, knowing LL would eventually do something based on "non-payment of rent". And OP should have notified the LL directly of OP's new address, in writing. Filling in the change of address form with the post office is insufficient. And when OP didn't hear "boo" about the security deposit after 21 days, OP should have sent the LL a certified letter inquiring about that too.