I am in the process of trying to repair my down right horrendous credit rating (yes I earned it....I was young and stupid please save the lectures for your kids) I have a three year old report on my credit rating that I really do not want to pay out of principal. About three years ago I moved out of an overpriced apt after fulfilling the twelve month lease. I had a small pet which required I put down a two hundred dollar pet deposit along with the standard three hundred dollar depost for a total of five hundred dollars. When I moved out I cleaned the place very well and had the apt manager come up for a walk through so I WOULDN"T have the problem that I ended up having. Approximately two months later I received a bill from the property management group bailey properties stating I owned 450.00 dollars on top of my deposit for them having to clean the apt. and replace the the carpet. Well at the time I just wrote it off....very stupid I know.... I ignored future corespondance and it eventually went to a collections agency I ignored them also. Out of all the negative on my CR this is actually one that I don't deserve, the apt was immaculate when I left, the carpet pristine. I know its too late to dispute in court or otherwise that the apt was in fact clean, I'm sure they have gone through at least a couple apt managers in the last three years. My question is if I dispute the valdity of the debt with the CRA's how could the property management company prove I signed on for this dept? I didn't sign on to be charged cleaning/carpet fees I'm not quite sure how to go about disputing this. Would the lease contract be suffcient evidence of the debt if I disputed it ? This issue is a major concern for me right now and takes number one priority because I am going to be relocating and am not going to want a negative report on my credit from a rental. In actuality I'm not quite sure how the apt complexes decide which debts on your credit report are from rentals and which ones are not lol. If it comes down to it I will just pay off the debt if it will help me get another lease more easily. The area I'm moving to (Dallas area of Texas) I don't think uses credit reports for anything besides BK's and judgements in relations to evictions etc.
I moved to the Dallas area last fall. The apartment complex I live in went through a service called Resident Data, apparently an outsource company that investigates the application and makes a recommendation. I just had to pre-pay the final month of the lease and moved in without issues. BTW - Resident Data pulled on EQ, as did SBC, AT&T Broadband (now owned by Comcast, don't know who/if they pull) and Green Mountain Elec. Lovely, one move equalled 4 hard inquiries. The apartment market is so soft in this area that I don't think you'll have any problem, you may just have to fork over an extra deposit. Good luck!
I've had a few leasing managers in the past tell me that they replace the carpet in apt's with pet owners on a regular basis between every lease. I have been told that a landlord can't charge you for things they would normaly do between leases anyway. ie, if they repaint and shampoo carpets between every lease then they can't send you a bill for it. You'll need to verify this though, as it may be a state thing, etc
tc- Yeah I figured that, since there are about a thousand adds for apts on apartments.com for Dallas and surrounding areas. Jason- I don't really think I have a snowballs chance in hell of disputing the debt based on apartment property owners policy or the actual condition of the apt. when I moved since its been 3+ years, thanks for the reply though.
I'm lost here - I thought your question was based on this debt? If in fact it's their policy to replace the carpet of pet owners between leases then it's a simple matter of seeing whether the state allows them to bill you for this. I said nothing about proving it was in good condition when you left it even though you did mention it in your first post. I've been hit for regular carpet cleaning and repainting many times (I'm a single parent, a toddler can destroy a lot!), and every time I told them "No, you do this anyways between every lease". They have always dropped anything that wasn't beyond regular wear and tear and that which they would already have done anyways (ie, I paid dry wall damage from a stair gate once, linoleum in one place became disolored from using the wrong cleaner on it si it was replaced, etc).
PS- I just got hit 2 weeks ago with a $981 collection from an apartment I moved out of in the winter of 2000. Bet your butt I'm getting an itemized list and crossing off anyhting that I even remotely believe is something they would normaly do anyways. they want to go to court, fine.. it's a simple matter to find out what their policy is in regards to prepping an apartment before it's re-leased. just send someone in saying they're looking at an apartment and have them ask My son is allergic to animal dander, so I ask them about it when I look at an apartment. more then once I was told "we always replace the carpet after a pet owner moves". Send a friend over to your old place and have them ask. of course, this is assuming your state has such laws.
This won't help you with your current situation, but for next time or for anyone else getting ready to move, I recommend that you take a camera to the final walk-thru. Take pictures as you go around with the manager. You should take pictures of walls, carpets, drapes, stove, etc. Anything that they may claim was damaged. You may even want to take some pictures before the manager gets there, but I would be very conspicuous about taking the pictures with a representative there. That way, they know you have proof of what the apartment looked like, and they may think twice before trying to bill you for additional charges. If they do bill you in the future, you have your proof. Threaten to take them to court if you have to. I understand that some apartment management companies do this on a routine basis, figuring that most people will just pay. Think about how much money they can make if they hit everyone who moves out for a few hundred dollars!!
Are you in Texas? There are laws regarding accountability of the landlord/tennants in Texas. Here is what can be deducted from your security deposit? Any charge specified in the lease or any charge resulting from your breaking the lease. Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted. Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the management, etc. The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow. Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing. Now a bill for the whole amount is not an itemized accounting so if the management company failed to give you this accounting, then they are in violation of the law. Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you. If you don't receive a refund or explanation postmarked within the 30-day period, you may sue for three times the amount illegally held, plus attorney's fees and a $100 statutory penalty. So if this is the case, more than likley you can contact an attorney who for a small fee should easily be able to neogtiate a $0.00 sum settlement as well get the 'call off the dogs' (so to speak) with regards to the collection agency. One of my co-workers recently had a similar situation but with bigger monetary values here in Houston and my wife (an attorney) was able to mediate a settlement in which the property management company recalled the debt from the colleciton agency and also cut a check to my co-worker! Here is a link to the Texas Attorney Generals page on consumer brochures and includes a .pdf file for renters: http://www.oag.state.tx.us/consumer/brochures.shtml
I had a small pet which required I put down a two hundred dollar pet deposit zigak ================== You allready for the pet Pi**ing on the carpet with this! So what are they trying to pull here?
