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NaplesNole

Six year old rental debt, Verified by Professional Debt, I left due to mold

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First off I LOVE this board. I've searched but not sure how to go about this. I left in the middle of a apartment lease in 2007. It shows up on CR as collection for 3300. Professional Debt Mediation validated with Experian, and also Professional Debt mailed me a copy of my lease from 2007 after my dispute with Experian. This is past the SOL in Florida so I don't think they will try to sue at this point. I left because we had a hurricane that summer and blew out a window in my apartment and the complex refused to address the subsequent mold after numerous calls and complaints. I had a home inspection to verify mold done but unfortunately I cant find the report. I don't want to wait till next summer to try to get it removed by past SOL. The apartment complex is still there and in business.

Professional debt said they will continue their collection measures. Any idea how to go about removal? Threaten CA with reason why I left and sue both? I really appreciate any strategy here...

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I believe you have a certain amount of time to sue for things like that and if I was guessing your time frame to sue for mold issues has past a while ago.

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explanation of landlord tenant laws in florida

 

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument

 

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

 

Finally, the tenant has the right to move out. If there is a written lease, the tenant can move out when a written lease is up. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven (7) days before the next rent payment is due if the rent is paid weekly or fifteen (15) days if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to one of his or her major obligations, provided the tenant has sent written notice to the landlord, seven (7) days before the rent is due (there are some exceptions to the right to move out).

 

 

Did you follow any of this; call up the co that did the inspection and ask for their records.

 

 

dispute it directly under the FDCPA

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explanation of landlord tenant laws in florida

 

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument

 

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

 

Finally, the tenant has the right to move out. If there is a written lease, the tenant can move out when a written lease is up. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven (7) days before the next rent payment is due if the rent is paid weekly or fifteen (15) days if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to one of his or her major obligations, provided the tenant has sent written notice to the landlord, seven (7) days before the rent is due (there are some exceptions to the right to move out).

 

 

Did you follow any of this; call up the co that did the inspection and ask for their records.

 

 

dispute it directly under the FDCPA

 

:D

 

These were my thoughts exactly.

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