OMG someone please help me. I would have normally gone on the AoC for this, but I guess they are gone? I have lurked here before and learned a lot...I am hoping someone can help me.... So anyway, I work for my mom and she recently moved her business office to this new building that we thought was so "great". Turns out the owner/landlord is a complete and total maroon. We stayed there from March 6th to April 28th, and gave them first and last month's rent. The whole reason why we didn't want to stay in the building was because they charged us all of these outrageous fees....even paid for a dedicated phone line that they "required" and then they never gave us the required phone or phone number. Absolutely ridiculous. The owner is a real piece of work. I could give you more examples of his sliminess, but I will try and get to the chase. We move out, hand him the keys on April 28th. Then, we get the last invoice which has all of these bogus charges, saying amount is due May 6th. Oh, did I mention he also charged us rent through May 6th? Un-friggin-believable, this guy. Then Mom just informs me she got a collections notice from a CA already! THE BILL ISN'T EVEN DUE YET!!!! I want to get a letter out to this CA with a cc to this a-hole....I am thinking send a VOD letter out first, especially if I can get it out tomorrow and I can prove they got it before the 6th. What do you guys think? I need help figuring out what violations he has already made, if any..... All comments are appreciated GREATLY. I am stressin. Thanks! B
Do you have a rental contract in writing? Does it contain any statements regarding "fees", "surcharges", etc.? Dispute and validate ASAP and I'd send it prior to the 6th - just to have the evidence that the CA sent a notice prior to the bill due date. FWIW, I'd remove the other party's name from the cc list to the CA and add your mother's personal business attorney. As a bonus, include your state AG's office address.
Thanks Always for the reply. Yes, we have the contract still. Under a lot of the stuff they charged us for, they list as n/a in the contract. Are there no obvious violations of anything here? Is it illegal to send to a CA if the illeged bill isn't even due yet? I just can't believe this guy. I want to make sure I know what is going on before I write the letter. Also, any sample letters anyone could suggest would be great. Thank you! B
I'm not an attorney, but if your contract states "n/a" and he's now attempting to collect on n/a fees - that's breach of contract and fraud. I'd DV the CA immediately and state: "RE: Alleged Account 1234567 The entire alleged debt listed is disputed and full validation is demanded." Regards, You CC: Your attorney CC: State AG's office (full address) CC: BBB (full address) I'd get the DV letter in today if possible. You would want it on the record, with the certified mail return receipt requested letter to the CA that they were DV'd *prior* to the date of the alleged bill due date. Copy the contract at least four times and I'd raise the stakes on this guy fast. The AG's office would need the copies of the evidence you have on file and the fact that they've been CC doesn't mean it has to be sent today. Consult with your attorney first and say you'd like the AG and BBB to also be informed. Have him/her give you their perspective. The CA can then explain to the AG's office and the BBB why they're sending out collection letters prior to bills even being due. Your attorney can review the contract details and advise on the best options.
