Jump to content

DPB

Members
  • Content Count

    339
  • Joined

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. There are a lot of these idiots out there. They post a lot of this on FT and Reddit. And this is a really dumb thing to be complaining about considering all the data that’s readily available on those two forums. It’s common knowledge that if Amex offers you an upgrade bonus that you don’t PC the card down to a lower AF version until after your 12th statement. The bonus will be clawed back every time. It’s not different than the idiots (probably a lot of crossover between both sets of idiots) that complain about getting a SUB clawed back. It is almost always because they manufactured spend in an obvious way just to meet the MSR. Amex is really good at spotting gift card transactions for $505.95. The same people don’t even bother to check what merchants send L3 data to Amex. If you do either of these, you deserve a clawback or shutdown just for being too stupid.
  2. Here is the full section of the Florida statutes concerning holdover. It very clearly states that the landlord can charge double for the month that you hadn’t relinquished possession of the apartment. You state that you expected to stay half of the month for free. The apartment complex granted that with the condition that you vacated by the 16th. That’s far more generous than I’ve seen in this business. I’ve never been asked that by a tenant, so I couldn’t realistically say if I’d grant such a request. But either way, you didn’t vacate by the end of the agreed upon free extension. You therefore were in default. They had every right to handle this as they did. As for the accounting statement, if they aren’t willing to give you a copy at this point then perhaps a dispute could help. If you dispute the validity of the collection amount there is probably a dispute that you can file that if worded correctly would require the CA to provide you with the accounting statement. I doubt that will help you get it removed from your credit reports, unless there is an error. I agree with CV. Any claim for damages you have would be against the seller and/or the title company. But that also depends on the language in the real estate purchase contract. My honest opinion as someone that owns and manages rentals for a living is that the amount being reported as owed is probably correct and in compliance with Florida landlord/tenant statutes.
  3. The point of my reply wasn’t to kick you while you are down, but to give you an idea of what you’re up against if you decide to proceed using the legal system. So don’t read it as me being an a-hole. But the deck is stacked against you when it comes to Florida laws governing this issue. Also, the apartment has done everything required to comply with the statutes. Would the apartment complex have a copy of the lease? If they’re even slightly competent, yes. It would seem unwise to send someone to collections without having access to the signed agreement that allows them to do so. I have the original signed copy of every lease for every tenant I have ever had. Paper and filing cabinets are cheap. I also have a scanned copy of every lease. Plus it’s all backed up to multiple locations. I can produce a copy of any of these leases without a hassle. I’ve had to evict tenants. I don’t enjoy it, but it is sometimes necessary. Some of the tenants have fought the evictions. I show up to the hearing and the first thing the judge asks the tenant is why they feel they shouldn’t be evicted. No matter what the answer, the judge then asks where in their lease it says their actions (non-payment, damage, disturbing other tenants, etc.) are permitted. When they either say they don’t have a copy of their lease, or come up with a BS excuse the judge asks me what part of the lease has been violated. I can immediately give a page, paragraph, and line that has a clause to support my case. I have on occasion had to evict a tenant for holdover with non-payment. When you asked for an additional extension without paying rent and were denied, this is what you would have faced. And this perfectly explains the amount you were charged. Your rent was $1519. Since your security deposit was $1519, it’s safe to assume that it was just a security deposit and not last month’s rent. Therefore you were legally considered a holdover. So you legally owe $1519 x2 in rent. So $3038. Then add in the cost of replacing the carpet for $479 (assuming no late fees, collection fees, etc.). That’s $3517. Deduct your security deposit and that leaves you owing $1998. $479 for new carpet is reasonable. There are other ways to get to that balance, but this seems the most likely. Perhaps others on here can give you suggestions in regards to disputing/fighting this on the credit reporting. If you’re lucky there’s a t not crossed or an i not dotted somewhere that gets it removed via a technicality. Or maybe the CA doesn’t respond properly. But I’d recommend you stay away from litigation at this point as you have no documentation to prove that you could win in court. This is why you (everyone) should keep all documents, whether they be apartment leases or credit card agreements. Anything that is a contract and can be used against you or to your advantage should be kept. At the very least, it should be scanned and kept digitally. My suggestion would be to call the apartment complex. Apologize for anything you said that was rude. Take responsibility for not being out of the apartment on time. Give them honest reasons, but not excuses. Ask them if they can provide you a copy of your final accounting statement and your lease. Tell them that you want to review it and if you owe money that you’d like to make it right. Then once you receive that paperwork, if everything adds up offer to pay them what is owed. Or try to come to an agreed upon amount. But make it contingent upon them removing the account from collections and removing the reporting to the CRAs. If they agree you need it in writing.
  4. Here is a link to Florida’s Landlord/Tenant statutes : http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html You should read them before you proceed. They can be very landlord friendly in many situations. You said you have a written agreement to be out by a specific date, but you hadn’t vacated by that date. The apartment complex gave you an extra 16 days to move out. They were not obligated to do so. Read the section of the statutes regarding tenant holdover. Legally you’re on the hook for double one month’s rent. The letter you would have had to sign for from the apartment complex would be a certified letter stating that they intend to claim all or part of your security deposit. It would further explain any additional monies owed. When you signed the slip left by the post office, how long until they returned it to the sender? The post office will usually make two attempts before returning a certified letter. It usually takes about a month from the time of mailing for me to receive back an unclaimed certified letter. On the move-in checklist that you filled out and “noted the carpet on it,” what did you note? What was the condition of the carpet upon move-in vs move-out? Do you have a copy of this form? Do you still have a copy of your lease? Many parts of Florida’s landlord/tenant statutes are vague. Your lease will have (or at least should) have provisions for everything you posted about. The roughly $3600 that the apartment complex is saying you owe (security deposit plus damages plus fees) probably wouldn’t be difficult for them to justify legally. How much was your rent per month? Double that. Then add in the carpet. Add in fees for “extraordinary cleaning” - which seems likely if they had to replace the carpet. And there are probably some collection fees added on as well. Why are you only now addressing this now that it’s gone to collections? The apartment complex attempted to contact you via certified letter, which is all that the Florida statutes require. Even though you didn’t collect the letter from the post office, did you attempt to get a move-out accounting statement from the apartment complex? Clearly you knew they were attempting to contact you. You obviously weren’t expecting your security deposit back, otherwise you’d have contacted the apartment complex. Therefore it can be reasonably assumed that you probably owed money - at least in the apartment complex’s opinion. Disputing it a year later, and only after it adversely affects your credit, doesn’t make you look good. As I stated, the statutes are quite landlord-friendly. But they do leave a lot to be determined by the lease. Thus the necessity of having a copy of your signed lease. The leases that I use for my rentals are 11 pages long in mostly small font. They account for any part of the statutes that are vague or left to be determined by the lease. Chances are the apartment complex uses a lease that does the same. So I f you intend to sue, you should expect the apartment complex to have a copy of your lease and use it to point out the ways in which you violated the terms.
  5. Crap! I didn’t realize they excluded Apple products if you don’t use a Best Buy card. Hopefully it still counts towards elite plus calculations. CV, the points mostly make sense. You said you used a $150 gift card on this purchase. You don’t earn points for using gift cards or on taxes. So, 2507 - 150 = 2357. Looks like you got 4 free points.
  6. Macy’s - Spend $75, get $15 back. Also, 1 additional MR per dollar spent.
  7. That’s what I initially was thinking. But a google search makes this seem like a debit version of something like Bluebird/Serve/GoBank.
  8. There’s a good chance that some of the people that would review your application have taken a long weekend due to Thanksgiving. So that department may be either closed or short staffed until Monday. I’d give it a couple more days before getting worried.
  9. Citi Costco Business Visa - $4,000 CL Discover CLI $4,000 —> $4,300. Yay. (Please read the “yay” with extreme sarcasm).
  10. You shouldn’t need to explain the whole thing to “7 different people.” Jet tell them you need to reset the login credentials for the primary cardholder. It should be fairly simple.
  11. A large enough portion of the medical and insurance industry is incompetent. So I see why some people would be drawn to these groups. Providers mess up billing often, give wrong answers to patients, etc. and then just say “oh well, pay up” after services are rendered. Hospital blames the doctors group, who blames the insurance, who then says everyone else is to blame. They expect you to just pay whatever bill they send and then go away. I’m definitely biased though. Incorrect medical billing that was sent to collections is what brought me to this site in the first place.
  12. Unfortunately it isn’t a simple yes or no at this point. And that’s completely ignoring the political aspect. For many, even most, the answer is yes. It would be less expensive and more efficient. For people that are chronically sick, have terminal diseases, get injured in a car accident, etc. it would be far more expensive. Obviously it’s quite a bit more nuanced (and unfortunately legal/political) than that and there are more aspects of the system that would need to be addressed. But insurance companies and their employees make a lot of money. That is factored into the cost of medical care. So eliminating that would therefore bring down costs, assuming that providers then reduced their fees accordingly.

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines