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Hendge

Fight horrible apartment complex dispute charge-off

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Greetings, Thank you kindly for any and every response before + after the fact.

 

Regarding a one year apartment lease. it's been just over one year since moving, first collection company contacted me in May, and again June - weird, it's like the complex sent it twice. It shows twice as the same amount, a $1998 charge-off. I would love to sue the apartment complex or some way hold them accountable - serious wrong doing and lies.

 

Now just want the simplest way to move past it. Question is, when disputing to the 3 bureau's is best to make my case, describe what happened etc or is there some technicality to just have it removed? I was reading another thread about them having to be bonded in the state? I'm in Fl. 

 

Also, are the disputes best done online, is that more common or do people mail nowadays?

 

Quick recap if that helps:

 

 Lease expired 11/1. I was out 11/19, which of course is late, but I do have in writing from Manager to allow me to stay without fees if out by 11/16. the elevator was broken 11/12-11/16 creating the necessity to complete move 11/19. 

 

They had a $1519 security deposit (one month). I was dumb enough to think a refund was coming, it was over the Holidays, and hopeful, I contacted Manager whom I had been in contact with, told she with a new property. My papers processed by someone else. I get notice on door of missed package, sign thinking they will leave it the next day, track it, and it shows "return to sender". SO I've never received itemized bill. 

 

The only way that I have any idea what they chalked the fees with is a respone from manager on an online review I left for them. They stated that the carpet needed to be replaced.

 

I Left that apartment EMPTY. I also filled in a move-in checklist and noted the carpet on it.

 

Regardless, how does a $1519 deposit turn into a $1998 Charge-Off??!!!?!!

 

Anyway, it boggles the mind that the apartment complex has done this to me. it's despicable, really. One of the reasons the Manager granted request initially was that I paid on time every month, had no issues. The fact that they would sever what could have parted amicably is beyond me.

 

It's been a year...still think about suing, but would appreciate any advice. it took my credit from 700 to 600.

 

 

 

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What exactly will you be disputing with the four major CRAs?

 

what is the SOL for this type of debt in your state? Does the CA own the debt or is it merely "assigned?"

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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. 

 

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3 hours ago, IndyPoolPlayer said:

Did you take pictures of your apartment with everything out of it just before leaving and turning in the keys? Otherwise its your word against the landlord's and guess who will win in court.

Nope. no pictures. At the time I really had no reason to expect them to be malicious. I've never been the best at protecting myself in situations like these. I do however have the receipt from storage on 11/18 for the largest available unit, and the receipt from U-haul because the movers left too much behind. we worked until 1AM loading the storage, then I woke at 6 to go to u-haul, hired to laborers and completely emptied the apartment. only 1/2 hour late for work. While I dont have photos, it pushes the narrative to my side that I went through trouble and expense I think.

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2 hours ago, hegemony said:

What exactly will you be disputing with the four major CRAs?

 

what is the SOL for this type of debt in your state? Does the CA own the debt or is it merely "assigned?"

I know experian, equifax and transunion...who is the 4th?

 

Not sure about SOL in FL or the assignee of debt.

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2 hours ago, DPB said:

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. 

 

Seems a bit harsh, but accepted. life is harsh. I did write in there that I contacted them, 3x as a matter of fact. The grace period to be out is the 5th day, she originally granted until the 15th, I said it does me no good, payday is 16th and needed all funds for closing. of course I didn't know at the time that closing would be extended 2 more weeks due to seller issues, nonetheless it is documented that she agreed to end of the day on the 16th. Unfortunately I found out on the 15th that it wasn't closing, so requested more time. At this point I was cut off and told I must be out by 9am Monday or eviction. So that weekend worked tirelessly to get everything out and comply.

 

I had given the 60 day notice and signed a vacate notice when handing over the keys. Rent was $1519, it was a 2/2. 

 

I do not have the lease...well possibly in email but not executed. But wouldnt they have to provide that if I take to small claims? I'm dealing with this now because I can't seem to stop thinking about it. It's deal or get therapy. I feel wronged. 

I would have left it had they just kept the security, but sending to collections where it will impact me for what, 7 years? that just seems overboard for this situation - single guy no kids not a partier, never hung a picture. work 10 hours daily hardly lived there. 12 months and 18 days.

 

The carpet seems to be replaceable more frequent, no? it was certainly not new when I moved in. The only thing I have via pictures is I'm I'm the top floor, water starts rushing down the walls one heavy rain. maintenance worker said it's typical, they have to clean the leaves on the roof or water pools.

 

When I appealed to manager and mentioned elevator down all week, she said heavy items are not to be moved in the elevator anyway - I thought she was joking, but she was serious. the exprotation is to carry down 7 flights in a cramped corridor thing.

 

I don't know what to do...I haven't needed credit in the past year...but 6 years is a long time to wait for something to fall off.

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43 minutes ago, Hendge said:

Seems a bit harsh, but accepted. life is harsh. I did write in there that I contacted them, 3x as a matter of fact. The grace period to be out is the 5th day, she originally granted until the 15th, I said it does me no good, payday is 16th and needed all funds for closing. of course I didn't know at the time that closing would be extended 2 more weeks due to seller issues, nonetheless it is documented that she agreed to end of the day on the 16th. Unfortunately I found out on the 15th that it wasn't closing, so requested more time. At this point I was cut off and told I must be out by 9am Monday or eviction. So that weekend worked tirelessly to get everything out and comply.

 

I had given the 60 day notice and signed a vacate notice when handing over the keys. Rent was $1519, it was a 2/2. 

 

I do not have the lease...well possibly in email but not executed. But wouldnt they have to provide that if I take to small claims? I'm dealing with this now because I can't seem to stop thinking about it. It's deal or get therapy. I feel wronged. 

I would have left it had they just kept the security, but sending to collections where it will impact me for what, 7 years? that just seems overboard for this situation - single guy no kids not a partier, never hung a picture. work 10 hours daily hardly lived there. 12 months and 18 days.

 

The carpet seems to be replaceable more frequent, no? it was certainly not new when I moved in. The only thing I have via pictures is I'm I'm the top floor, water starts rushing down the walls one heavy rain. maintenance worker said it's typical, they have to clean the leaves on the roof or water pools.

 

When I appealed to manager and mentioned elevator down all week, she said heavy items are not to be moved in the elevator anyway - I thought she was joking, but she was serious. the exprotation is to carry down 7 flights in a cramped corridor thing.

 

I don't know what to do...I haven't needed credit in the past year...but 6 years is a long time to wait for something to fall off.

 

2 hours ago, DPB said:

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. 

 

 oh yeah, I have heard that laws favor landlord in florida, this Is why I'm posting, trying to see if there is anything to go on - at least best credit union dispute if not pursuing via small claims.

 

lastly, the letter arrived. rather, it was something from the post office stating attempted delivery. I signed the back and left it taped to my door, expecting to return from work and have it.

 

it wasn't there so I tracked - the manager had sent me tracking. I have an email telling the manager this, that I signed but it's being returned to sender - no response so gave up at that point.  I left the apt broom swept and completely empty. I was hoping for a security deposit return, not the full $1500, but $400 or $500 I thought would be fair.

 

getting the credit notice prompted me to contact them again, and honestly, after the initial shock of everything and trying to resolve, only to hit a brick wall of NO's, I then admittedly stopped being polite and said some things I shouldn't have. Im very human and take being wronged very serious.

 

as for the time it has took to get to this point, if life didn't keep throwing blows then I hopefully would be further along. unfortunately losing best friend and mom makes for some good days and most bad. so alot of the time I'm just trying to stay alive...for real. then I get to thinking and remember how important credit it is, and I may live another 40 or 50 years, maybe fixing this is wise...or at least letting that darn complex know they can't get away with whatever they feel.

 

 

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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. 

Edited by DPB

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8 hours ago, Hendge said:

I didn't know at the time that closing would be extended 2 more weeks due to seller issues

If you want damages from someone, this is where you need to look.  

 

I've been in the same situation (seller causing a delay in closing past the end of an apartment lease), but the management company had already rented out my unit to another person, who had no flexibility with her move-in date.

 

The closing delay was neither my landlord's nor the next tenant's responsibility, so I vacated on time, put everything I owned into storage, and lived with a relative for 24 hours.  I was technically homeless on my birthday, but I didn't expect the landlord to bake me a cake.

 

I got monetary concessions from the seller for my inconvenience.

 

You've probably ruined it for everyone else who in the future might need some help/accommodation from this apartment complex/management company.  I know that if I owned or managed this complex I would strictly enforce all lease provisions going forward, after dealing with someone who had the audacity to think I should barf out some money after being exceptionally sympathetic and accommodating.

 

 

Edited by cv91915

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DO NOT dispute online.  Those are the easiest ones to process rapidly and to say no changes are necessary.

 

An effective dispute will be one that you have typed out and that is SPECIFIC to YOUR situation.  DO NOT use some cut-and-paste crapola found on a website.  The various entities have seen all of those and have standard replies all set to go.  A TAILORED letter creates an increased chance of forcing someone to actually address the issues.  However, aside from the duplicated reporting (presuming it is, in fact, the same entity reporting the matter and NOT an OC and a third-party), you should not get your hopes up given the lack of records discussed in this thread...

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If you contact the complex and can negotiate to pay it off directly with them, you should be able to force the CA to remove the negative entry.

 

If you still think you're in the right and won't pay, you are probably going to be stuck with this entry for a while. 

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20 hours ago, DPB said:

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. 

Thank you for clarifying your tone - grateful for the consideration.

 

I still donot understand the holdover thing. I paid 1st and security, correct. I did not pay for Nov due to the extension, but how does another month get tacked on? I read that they can do something like that if 60 day notice was not provided, but I gave them notice.

 

At this point I think it's too late to call the property and make it right. Things were said and it became personal. I threatened legal action etc...they said bring it on.

 

The crux of everything really comes down to the email exchange between me and the property manager at the time. Afterward, during the argument, one of the points that she asked was "did I really expect to stay that time for free?"; and the truth - 100% yes that's exactly what I thought was happening - otherwise, when that pivotal decision made the Friday night after I learned I had nowhere to move my stuff into, and unfortunately I have alot of stuff, movers quoted $1800, I would have paid the month and vacated 12/1. Instead everything was made that much more difficult because I was racing to get everything out Monday at 9am.

 

Nothing in the email covered the amounts or anything due - I had simply explained the closing date didn't align, that all my money was going to the closing, and instead of being out by the 5th I requested the 16th (which was a Friday, She isn't even in on the weekend). As mentioned was told I could stay penalty free until the 15th, when I explained the need for one more day it was provided. Incidentally the delays continued for 2 weeks and my thanksgiving was spent alone in a budget hotel room.

 

Knowing that all of my funds are going into the new place, and based on our agreement, I was not under the impression I was being held responsible for Nov. Did not think she expected me to put everything into closing and then vacate and make a payment? But I guess that was the expectation. Whereas I felt that 5 day grace period between when someone leaves or when someone pays was extended as a courtesy for 10 days.

 

As for being honest about the real reason's for not leaving on the 16th - I wrote to her that the elevator being down all week could have impacted the situation, however, it did not. It simply boiled down to this title company and a lien that existed on the seller - very poor communication, daily I checked and actually, Thursday, at 5PM the title company still had not responded confirming the closing date the following morning! At this point, and I knew I looked like a jerk, but I was completely honest, sucked it up and requested more time - I was given the weekend.

 

I've never seen an itemized bill. I requested and was told they mailed it. When I tracked it said return to sender - I would have loved, and still would, to see exacting how they achieved the figures. They would not re-send, stated they are required to mail and the already had.

 

My recurring lesson in all of this...and boy does it eat me up now when I still consider all that is involved in clearing this up, I wonder, had I not requested in December, 2x times for a refund, perhaps they wouldn't have gone through the trouble of itemizing...I mean this place has maybe 150-175 units, so they seem busy, and over worked really. she ignored first request, maybe if I hadn't pushed they wouldn't have bothered, but since I they were requested to go through the steps and mail, then might as well make it worth it?!?

 

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15 hours ago, cv91915 said:

If you want damages from someone, this is where you need to look.  

 

I've been in the same situation (seller causing a delay in closing past the end of an apartment lease), but the management company had already rented out my unit to another person, who had no flexibility with her move-in date.

 

The closing delay was neither my landlord's nor the next tenant's responsibility, so I vacated on time, put everything I owned into storage, and lived with a relative for 24 hours.  I was technically homeless on my birthday, but I didn't expect the landlord to bake me a cake.

 

I got monetary concessions from the seller for my inconvenience.

 

You've probably ruined it for everyone else who in the future might need some help/accommodation from this apartment complex/management company.  I know that if I owned or managed this complex I would strictly enforce all lease provisions going forward, after dealing with someone who had the audacity to think I should barf out some money after being exceptionally sympathetic and accommodating.

 

 

Interesting. I did try to re-coup my expenses due to seller delays - closing date was the 16th. Was also told that re contracts favor seller - asked around a bit and had an attorney at my job look over contract, was told it would be likely waste of time + money to pursue. Politely requesting from seller met deaf ears.

 

Kinda rotten thing to say at the end. You should be aware, not sure if I'm allowed to post complex name but this is NOT an isolated incident. The reviews, which I should have paid better attention to are in the low 2's out of 5 on most review sites, aside from apartments dot Com, whom I believe must be paid by the complex as I left multiple reviews, each time making it more generic while maintaining negative tone no matter what they would delete the review.

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12 hours ago, centex said:

DO NOT dispute online.  Those are the easiest ones to process rapidly and to say no changes are necessary.

 

An effective dispute will be one that you have typed out and that is SPECIFIC to YOUR situation.  DO NOT use some cut-and-paste crapola found on a website.  The various entities have seen all of those and have standard replies all set to go.  A TAILORED letter creates an increased chance of forcing someone to actually address the issues.  However, aside from the duplicated reporting (presuming it is, in fact, the same entity reporting the matter and NOT an OC and a third-party), you should not get your hopes up given the lack of records discussed in this thread...

Many thanks for this info. The same agency sent same letter - assume it's a dupe, so that should be easy to remove, no?

When disputing do you suggest sending copy of license, the emails, storage receipts & u haul etc + movers, and is the order of operations to first request the duplicate be removed, or contest both and then request.

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6 hours ago, shifter said:

If you contact the complex and can negotiate to pay it off directly with them, you should be able to force the CA to remove the negative entry.

 

If you still think you're in the right and won't pay, you are probably going to be stuck with this entry for a while. 

And thank you kindly for this reply...yes, I still think i'm in the right. I don't want to pay for something that I do not feel responsible for. I think they should have kept the $1519 and should not have sent the charge-off for $1998. It just feels spiteful...I mean what's to gain? I wonder the % of those that are actually paid. it seems more like intenionally trying to make life more difficult for someone with out much to gain and little reason.

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Here is the full section of the Florida statutes concerning holdover. 
 

Quote

83.58 Remedies; tenant holding over.If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.


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. 

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1 hour ago, Hendge said:

And thank you kindly for this reply...yes, I still think i'm in the right. I don't want to pay for something that I do not feel responsible for. I think they should have kept the $1519 and should not have sent the charge-off for $1998. It just feels spiteful...I mean what's to gain? I wonder the % of those that are actually paid. it seems more like intenionally trying to make life more difficult for someone with out much to gain and little reason.

Well. Better luck next time. 

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6 hours ago, Hendge said:

Kinda rotten thing to say at the end. You should be aware, not sure if I'm allowed to post complex name but this is NOT an isolated incident. The reviews, which I should have paid better attention to are in the low 2's out of 5 on most review sites, aside from apartments dot Com, whom I believe must be paid by the complex as I left multiple reviews, each time making it more generic while maintaining negative tone no matter what they would delete the review.

 

There is nothing rotten in my response.  Your sense of entitlement and lack of understanding of what it means to sign a contract is astonishing.

 

You breached the contract you signed, and you want the other party to pay you:swoon: 

 

If the landlord was reviewing you and how you honored the terms of your lease, how many stars would you get?   

 

Jesus, man, this is life, not Yelp.

 

 

 

 

 

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15 hours ago, cv91915 said:

 

There is nothing rotten in my response.  Your sense of entitlement and lack of understanding of what it means to sign a contract is astonishing.

 

You breached the contract you signed, and you want the other party to pay you:swoon: 

 

If the landlord was reviewing you and how you honored the terms of your lease, how many stars would you get?   

 

Jesus, man, this is life, not Yelp.

 

 

My contract was 12 months. I fulfilled the contract. my request for a specific date to vacate was based on something that didn't go as planned. I had no control and after learning it wasnt going to happen, did everything I could to get out...and was out by the final deadline. I just question the benefit of sending to collections? I thought we parted on good terms - the collection report created a bunch of animosity. It just seemed callous. Again, it was a beat down, poorly run building. Elevator was down 6-7 times in my year, never as long as the final week though. The garbage bins in a constant state of overflow...and the staff just not helpful. I'll never forget the attitude of the leasing agent literally shifted the moment I handed the signed contract over, it was almost like a 'gotcha' for a year.

 

Despite knowing i'd move from day one, I rode it out without complaint, at the end when the manager helped, on two occasion I defended her in conversation with other tenants. elevator time was basically 90% management bashing...but I stuck up for her twice there at the end.

 

They created a lifelong enemy...for what, $1998 they'll never get? 

 

One point of agreement - yes, it was foolish for me to ask for the refund. 

15 hours ago, cv91915 said:

 

 

 

 

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20 hours ago, shifter said:

Well. Better luck next time. 

Hopefully being a HOMO now, that'll be the last residential lease I sign...Thank you though!

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21 hours ago, DPB said:

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. 

Your posts have been tremendously helpful. Thank you so much!

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