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Not notified of previous charges

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Not notified

Junior Member
What is the name of your state (only U.S. law)? CA

I've lived in the same chain of apartment complexes for years. When moving from one to another, the deposit transfers, and, if there are any charges, the renter is sent a direct bill from the place just left. Now I didn't receive bills from the two prior places, so thought everything was square. I even own a Rug Doctor (and clean regularly with the appropriate cleaners) and have my residences professionally steam cleaned before moving. I think I go above and beyond in this department. I also make sure to have all utilities for the last month paid, and of course rent is paid. That's required just to be allowed to transfer. The cleaning is not. They'll just bill you if it's not done.

I've been in my current unit now just over two months, and just today, about an hour ago, I found out from the complex manager here that my previous two complexes have sent me to collections for unpaid final bills. Problem? I didn't receive any. I don't know what went on with the place two before this one, but the manager here told me that the prior place tried sending a letter at some point, and it kept getting returned, so finally someone from the office here put it at the door. I dispute this. I've had a UPS package also go missing in the time I've been here. UPS is still investigating, trying to figure out what happened to it. That's been going on a few weeks and is verifiable. The manager here will have the previous place fax over a copy of the statement for me to pick up in person in the office. I just sent an e-mail asking her when she had someone put the letter on my door. She said "recently" when on the phone, but I want to have at least that much in writing/type.

So I'm just now, over two months after vacating the previous unit and a year after vacating the one prior (yes, a short time in the last place, job transfer 350 miles away), and finding out that there were charges.

As is my understanding, managers/landlords have three weeks to notify tenants of any final bills and to present this to them before forfeiting the right to collect anything or withhold from deposit.

If this is correct, and the manager e-mails with a date past the three-week mark, what rights will I have? I am pretty ticked about being sent to collections for bills I was not informed about until today. Should I go ahead and pick up that fax when it comes in, or no?

I do not have the money for an attorney. Absolutely none thanks to an hourly wage decrease making it now hard to afford rent as it is, so please don't suggest getting an attorney. If I had the money, I would be happy to.

Thanks in advance.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? CA

I've lived in the same chain of apartment complexes for years. When moving from one to another, the deposit transfers, and, if there are any charges, the renter is sent a direct bill from the place just left. Now I didn't receive bills from the two prior places, so thought everything was square. I even own a Rug Doctor (and clean regularly with the appropriate cleaners) and have my residences professionally steam cleaned before moving. I think I go above and beyond in this department. I also make sure to have all utilities for the last month paid, and of course rent is paid. That's required just to be allowed to transfer. The cleaning is not. They'll just bill you if it's not done.

I've been in my current unit now just over two months, and just today, about an hour ago, I found out from the complex manager here that my previous two complexes have sent me to collections for unpaid final bills. Problem? I didn't receive any. I don't know what went on with the place two before this one, but the manager here told me that the prior place tried sending a letter at some point, and it kept getting returned, so finally someone from the office here put it at the door. I dispute this. I've had a UPS package also go missing in the time I've been here. UPS is still investigating, trying to figure out what happened to it. That's been going on a few weeks and is verifiable. The manager here will have the previous place fax over a copy of the statement for me to pick up in person in the office. I just sent an e-mail asking her when she had someone put the letter on my door. She said "recently" when on the phone, but I want to have at least that much in writing/type.

So I'm just now, over two months after vacating the previous unit and a year after vacating the one prior (yes, a short time in the last place, job transfer 350 miles away), and finding out that there were charges.

As is my understanding, managers/landlords have three weeks to notify tenants of any final bills and to present this to them before forfeiting the right to collect anything or withhold from deposit.

If this is correct, and the manager e-mails with a date past the three-week mark, what rights will I have? I am pretty ticked about being sent to collections for bills I was not informed about until today. Should I go ahead and pick up that fax when it comes in, or no?

I do not have the money for an attorney. Absolutely none thanks to an hourly wage decrease making it now hard to afford rent as it is, so please don't suggest getting an attorney. If I had the money, I would be happy to.

Thanks in advance.
CA law says that LLs have 21 days to provide a vacating tenant of any deductions to security deposit or they have no right to claim any deductions. That's the 3-week timeframe you are speaking of.

Did your full deposit get transferred over to the new rental unit for the last 2 units you vacated? If it's in the same management group, there should be no reason they don't have a forwarding address, but did you provide one when moving just in case?

The management at the last 2 rentals will have to prove that they sent you the required itemized list of damages in order to collect any monies from you here. Unless it was sent via certified mail, they have to prove that it was sent and when. That's going to be a problem from what you are saying. Of course they can claim some letter was put on your door, even if they never did so. If your complex is open, then that is definitely not a safe or guaranteed method of sending you correspondence that is supposed to be so important. One reason why certified mail is the way to go.
 

Not notified

Junior Member
Thank you for your response.

Did your full deposit get transferred over to the new rental unit for the last 2 units you vacated?
Yes. This management group/chain transfers the full deposit from one unit to the next when someone moves, rather than requiring a new deposit at another place, even when in the middle of a lease. You just have to sign a brand new one at the new place. Their vacancy rate is very low because this enables tenants who need/want to move at some point the flexibility to do so without going through the application/deposit process each time. As long as rent and all due bills are caught up, of course.

If it's in the same management group, there should be no reason they don't have a forwarding address, but did you provide one when moving just in case?
Yes. The 30-day paper to sign to transfer asks right at the very top for the new address, and the form is not complete without this. Plus the new complex's on-site managers have to contact the previous complex's on-site managers for all the transfer stuff. So they do have contact. You're right. There's no reason a previous complex wouldn't have my new address. My phone number also has not changed. It is a business number and neither it, nor my e-mail address, will change anytime soon. I still get junk e-mail from the place two before this about promotions for their current residents.

If your complex is open, then that is definitely not a safe or guaranteed method of sending you correspondence that is supposed to be so important. One reason why certified mail is the way to go.
The mail boxes have locks. Neither this complex nor the last were gated nor secured. Any Tom, Dick, or Stanley, could walk right onto the property and up to my door. I'm already dealing with one missing package that we know should have been delivered via UPS (no signature delivery, just drop-at-the-door delivery).

I can't imagine the charges would be too high with as much of a stickler as I am for always keeping my residences in model-home condition (thank you, parents, for drilling this into me), but at this point, it is the principle of the matter. I know that's cliched, but my credit is taking a hit if these are in collections. I don't incur debt. I worked my way through college to not have to take debt. I bought my vehicle in full, even though that meant a decade old. I haven't gone on the vacations my friends have because I'm not putting it on a card to pay off for the next five years. And this has enabled me to weather this recession. I am not thrilled to now find out that the credit report that has been clean because I have so carefully avoided using any my entire adult life is being marred by bills I was not notified about, but would have had no problem paying at the time had I been and the charges legit. The places within this chain I lives at before the previous two did make contact and sent me statements with $0 due, and one of the managers even enclosing a personal note that he's never seen a unit left so perfectly clean, even the nail holes spackled.

Would the route to take be to send certified letters to the previous two complexes informing them that they failed to contact me within the allotted 21 days, despite having my forwarding (they'd be hard-pressed to find a believable reason to not)? What should I do about these complexes having sent me to collections? I've not had any contact from any collection agency, and wouldn't know what to ask of them if/when one does contact me. I want this off my credit and, frankly, I have no intention of paying at this point. They have known how to contact me. Should I contact the credit bureaus and demand validation? And do they validate that a bill was sent in proper time? Both of these complexes are about 400 miles north of where I am now.
 

Not notified

Junior Member
Dispute charges IN WRITING with collection agency.
Could this result in it being removed from my credit? How do I find out which agency of the thousands out there have this account/these accounts? I haven't been contacted yet. I'm taking it disputing directly with the complexes won't do any good.
 

TigerD

Senior Member
Could this result in it being removed from my credit? How do I find out which agency of the thousands out there have this account/these accounts? I haven't been contacted yet. I'm taking it disputing directly with the complexes won't do any good.
You will have far better luck arguing the point with the complex managers than with the CA.

1. CAs don't really care what dispute you might have. You are a debtor and all debtors lie.
2. The CA works for the complex management, not you. The complex management says you owe this.
3. It isn't coming off of your credit report unless the complex management authorizes it and tells the CA to pull it.

To find out which Ca has the account, you can ask the complex management or get a copy of your credit report.

DC
 

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