Apartment complex troubles... any advice?

[JungleMan1]

So I recently moved out of my college apartment, and I get a bill in the mail a few weeks later for a $338 carpet replacement in the common area (my roommates received the same bill). The carpet was fine when we moved out, certainly nothing to warrant a replacement. I talked on the phone with them and they said they would find the invoice/some kind of evidence of the carpet replacement.

A week later, they have found nothing... my roommate said he talked to them and they have no evidence. So I don't really see how they can charge us.

I'm going to have them try to drop the charge completely, and if they do that's great, but if not... how can I prevent this from showing up on my credit report? My biggest fear is that this is going to go to collections and wreck my credit score (currently about 770). I work in the mortgage industry and I know how expensive collections can be in the long run. Can I take them to small claims court even though I don't really have a claim against them (rather, I am just trying to prevent one against me)? What do I do?

Thanks

 

[yhelothar]

Did they find the invoice at least? They are required to show proof of receipt for any repairs that they want to hold you accountable for.

 

[Newbian]

Don't you usually go through this before getting your security deposit back first?

I remember them checking out the place before returning that since that's what it's meant for and normal wear are tear are expected on stuff like carpets.

 

[JungleMan1]

They never collected a security deposit on this place. When I turned my keys in I asked to do an in-person inspection with them and they said "We don't do those".

Later today I am going to ask them myself if they have the invoice, but I'm not all that sure they do according to my roommate.

 

[Newbian]

Well the fact they didn't do a walk though is bad enough but with no evidence it looks like they are going for some extra money.

Do you know anyone else that had lived there recently and if they did that kind of crap with them?

 

[JungleMan1]

Basically, yeah... I know a lot of people who have lived there but haven't talked to any of them about move-out charges yet.

My question isn't so much "Is my apartment complex trying to screw me" (to which the answer is yes) but "How can I effectively dispute it, especially so they don't put a collection on my account"?

Thanks

 

[novasatori]

Originally posted by: JungleMan1
They never collected a security deposit on this place. When I turned my keys in I asked to do an in-person inspection with them and they said "We don't do those".

Later today I am going to ask them myself if they have the invoice, but I'm not all that sure they do according to my roommate.

shady

ask for a copy of the invoice i would guess, good luck man

i was told by my dad when i first moved out of an apartment to get the place checked out while i was there in person and review the sheet to verify it and get a copy

has always paid off by getting my deposits back, most of the time they'll just give you it asap because they can tell you are going to be a pain in the ass if they try to scam you

 

[yhelothar]

They aren't allowed to do any major overhauls unless you've done some serious damage BTW.
Unless they do have the evidence of the serious damage, I find it hard that they'd get anything if you ended up having to go to court with them.

 

[Vette73]

Carpet usually falls under normal wear and tear. Unless they have proof that what damage was done was well above average then they don;t have a claim.


But you will need to sue them in Small claims court. Best to get ALL the people that lived there on the same claim or it will be a bigger mess later.

 

[jdjbuffalo]

There are some important things you need to do if you want to protect yourself in case this goes to court or collections. First, GET EVERYTHING IN WRITING. Don't talk over the phone or in person at this point. Document all the conversations you've had with them up to this point and going forward. Make sure to include dates and times for future reference. Ask them for pictures of the damage along with the invoice to get it repaired. Start a file and put all this stuff in it. You may need it down the line. I would keep this file for at least 7 years. This is assuming you resolve this issue soon and never hear from anyone about it in the next 7 years. If do hear back then I'd keep it for 7-10 years from when you next get it resolved.

First try and resolve it via normal letters asking for pictures and an invoice. If you get no response or they just keep asking for money then you have to play hard ball. Sent a certified letter with a return receipt. This will cost about $5 but is a great way to show that you sent the information/request to them and that it was received because they have to sign for it and you get the form they signed back in the mail. Make sure that you have copies of all the letters you send them.

If they don't provide you with the documentation then you have a very strong case in taking them to small claims court. If they continue sending you bills, send you to collections or it shows up on your credit report then it's time to take them to court with all the evidence you've collected. Since this is a small amount, small claims court is your best option.

Also, make sure to include a copy of your rental agreement and anything else that might pertain to this issue in your folder.

/Standard disclaimer: I am not a lawyer but I know way more than I wish to on this topic...