Apartment owner collecting for damages-SOL

[Dintlow]

Upon moving out of an apartment I received a letter stating that I was responsible for replacing the four year old worn out carpet. They were seeking $7092.00. I denied owing it and they sent the debt to a CA.

 

My CR shows the status as collection/charge off.

Opened 1/26/2009

Reported 6/21/2010

Term months

 

 

Does this mean the SOL is up? Why does it say the term was "months"?

 

What is my next move to remove this from my CR?

 

BTW, I'm in VA.

[SmellyMonkey]

First of all, find a copy of the rental contract you had with them. In the ones I have, they state if you have lived there for more than a year, wear and tear to carpet and walls are on them

[Sandscrit]

Take a look at your contract with your old apartment. Where does it say you are responible for the normal wear and tear of the carpet? The dates on your credit report show the reporting dates it was opened and reported by the information provider. Who is reporting?

[ICANHASMUNY?]

Also, check your states landlord tenant laws.

[funkiehouse]

$7092… Was it 13,000 sf.? Do like ICAN mentioned and check state laws and your contract. My concern is that you let this go for too long. It's hard to now argue that it could have been cleaned instead of replaced. Who knows if different people now work there or own the unit leaving only documented details about the carpet on their records. Any chance you took photos before moving or have photos you took of inside the unit of say people or whatever that shows the condition of the carpet? If

 

I would think of sending a DV to the CA and see what you get. I'm not sure if there is a SOL or what it would be, but a well written DV might get it off your reports.

 

http://portal.hud.gov/hudportal/HUD?src=/states/virginia/renting/tenantrights

 

Not sure if there is an earlier version of this:

 

http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf

[Dintlow]

I doubt I have my old rental agreement. I appreciate the links Funkiehouse. I assume they couldn't win a judgment against me and that is why they went with the CA. FCO is the CA that reported it to my CR.

Can someone give me a link on how to send a DV to them? The search results are overwhelming.

[funkiehouse]

Start at the link below and make sure your ready to do this. When I say ready I mean that you understand the different results that can come from sending a DV and/or disputing it with a CRA. I agree that the search can be overwhelming if your new to this. Just make sure you post and ask questions before doing anything just to make sure you're on the right track.

 

I'm not an expert or and attorney but this is some of the things I would think about. I think talking to a FDCPA attorney might be needed in your case.

 

The rental agreement might be more of a need if they try to pursue this in court. If you go asking for a copy it might "kick a sleeping bear" and encourage them to come after you for it. I agree with you that the apartment owner probably doesn't have enough to come after you in court but the debt collector might try to file suit just to see if they can get a judgement against you for not showing up after being served. If you do get served or ever get any letters from the CA make sure you reply to the letter and/or show up in court. If you show up they have to prove that you owe the money. Just remember that the CA may not have to prove that you damaged the carpet. They can come after you because the furnisher of the debt claims you owe. They can probably validate the debt just with a bill for the carpet and install with all of the interest and fees added to it. You may end up having to sue the apartment owner to prove the carpet needed replacing to get the collection removed. Again I'm not 100% sure this is correct, it's just what I would think about.

 

Being this far out also hurts the apartment owner in their case unless the have evidence, such as photos they can prove was you actual apartment at the time you moved out. Paperwork showing the carpet was changed may not be enough to prove it needed to be changed. I think you can take care of this before it gets to that point but wait for others to reply.

 

http://creditboards.com/forums/index.php?showtopic=425508&do=findComment&comment=4046785

[funkiehouse]

Oh and you may want to check court records in the county the apartment is in and any county you may have lived in since then to make use they don't already have a judgement against you.

[Dintlow]

What is considered validation? Is the CA required to show contracts between myself and the landlord or does the CA just show that the debt was placed with them legally?

[ICANHASMUNY?]

when did you move out of this place?

 

the CA should verify the OC name and the amount due.

 

you can ask for a breakdown, lets figure out whether it's past the SOL or not.

 

I think it's 5 years in VA.

[aeromaks]

Stupid question...

 

Didn't you do a final walk through with landlord to note all ok?

 

What is the rest of the story? =)

 

Did you end up losing your security deposit?

Edited January 28, 2014 by aeromaks

[Dintlow]

I moved out december '08. I was not present for a walkthrough. I was expecting to get my deposit back but instead i got a letter stating i owe them $7092.00. Im not sure if this amount reflects the deposit that they kept.

When sending a DV letter to the CA, do i just ask for a breakdown of the $7092? Are the required to show a breakdown? If they cant show a breakdown does that mean the debt is not validated?

I feel the landlord took advantage of me because i couldnt show up for the walkthrough. The cheap carpet showed signs of wear and needed to be replaced before the next tenant moved it. It wasnt dirty or stained.

Assuming the CA validates the debt, what is my next step in fighting this?

[ICANHASMUNY?]

make it more that just a DV request. make it a dispute

 

did you ever get a demand letter from the CA or did they just place it on your reports?

 

 

believe me, if they could prove the claims, they would have filed suit long ago. this is ancient.

 

 

these are the VA tenants rights laws http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/B155CC1C-F583-D333-349E-676269CFBAD0/tenants-rights.pdf

 

If you are covered by the VRLTA, the landlord must return the deposit or send you an itemized

list of the damages or charges he or she is deducting from the deposit within 45 days of when

you move out. Also under the VRLTA, if you have lived there for more than 13 months, the

landlord must give you interest on the deposit as well.

 

have this in the letter somewhwere;

 

 

 

The cheap carpet showed signs of wear and needed to be replaced before the next tenant moved it. It wasn't dirty or stained.

 

Provide a complete breakdown of the amount claimed, with allowances for normal wear and tear on a 4 year old carpet in accordance with Virginia laws.

 

I truly doubt that a they ever spent $___________ on putting a new carpet in. please provide an accounting of that also.

 

Also an accounting for the $____________ deposit which was never returned, and the interest accrued

 

I disputed that I owed the debt back in 2009, and if this was ever a valid debt that could have been proved in court, the landlord would have sued long ago.