Need some help with a rental problem

[coolred]

Okay so I am trying to get into a new apartment and out of my in laws basement. So we went to apply at the place we wanted. They called us back today, and said that they found a collection on our rental history. I have not seen this posted on my credit report though, so I am not sure what the deal is there. Both of us have very good credit right now as well. She told us we may be okay in getting the apartment as it stands, but she said it would help to get that collection off of our history.


Now for the details of the collection against us, which i kinda knew a bit about it. We stayed in woodland meadows apartments from april 2000, to april of 2001 a standard 1 year lease. When we moved out we went to the office and told them and signed a move out type of paper, which we stupidly forgot to get a copy of. Well 3 months after we moved out we get a letter fromt he apartment saying we owe them 3 months rent, apparently they were still charging us rent on the place, even though we know they knew we were gone, since we signed the thing and they had already been in and started cleaning the place. We told them, that that rent was not our responsibility because we were moved out by then. I have many many people that can verify that we moved out in april. Well apparently they sent it to a collection agency. I can't say I remember talking to them, but its possible my fiancee may have spoken with them, I don't recall. SO apparently this is showing up on our credit or rental history or something. DO you think there is anything I can do about it? They are asking for over 1000.00 dollars, which i do not have. And even if I did I wouldn't be to inclined to pay them, unless it was impacting me more then it is.

ANy advice would be appreciated, sorry for the long post, thanks

 

[coolred]

I just read something on the net about a consumer report, that lists info like credit history and renatl history as well as other stuff, is this available to the general public(well not the general public, but can you get your own)or are they limited to people like landlords and the like.

 

[psiu]

Might be worth paying for one of the 3 in 1 credit reports online (Equifax, Transunion, Experian) to see if it shows up, if does file a protest with credit reporting companies, so they do an investigation.

Also might be worth getting a lawyer if they (apartment/collection agency) refuse to remove the item and sue to get it a) removed, and b) reimbursed for court costs/lawyer fees resulting from their failure to remove it.

Good luck, it will take time to get this done, but do it, don't blow it off.

 

[psiu]

edit: double post sorry

 

[dnuggett]

Any mail (utilities bills phone bills) from back then that shows a different address with a postmark during the alleged dates? That could certainly be offered up as proof.

 

[coolred]

Not sure getting a lawyer would help me any, I'm sure it woudl probablly cost a bit as it is, and liek I said, I don't have a copy of the move out paper, although like I said, I had about 6-8 family members help me move, not to mention everybody else that just knew I moved.

I probablly will check my credit report with all 3 agencies, but like I said, I don't think it is actually on my credit. The lady at the new apartment I want said that our credit now is good(the main reason she thinks we can still probablly get the place, just has to wait till friday to get boss' approval). I have not noticed any problems in the credit area. I just got a pporved for a new credit card, I recently got approved for a loan to buy a used card. When I checked my credit then I know I was over 700, as is my fiancee.

 

[Yossarian]

when I read the thread title I saw "Need some help with a rectal problem". I don't know why I clicked on it.

 

[coolred]

dnugget, I am not to sure about that, after we moved out of there, we moved into my Mom's house, so all utilities where in here name. I suppose maybe I could have a credit card bill or something, but doubt I kept the envelope let alone the bill from 3 years ago.

I just don't even think that all this should be necessary, I know this place was not the greatest and are just out to get more money out of me. But I olny signed a 1 year lease, I stayed at the place for 1 year, I moved out at the end of the year at the end of the lease. If you stay don't they usually make you sign a new lease?

The more I think about it though, not sure how much it helps but the reason we moved out is because she was pregnant, and she wanted to move to a smaller town. So during those 3 months, I am sure we went to see the OBGYN several times in the city we were staying at. Thats not absolute proof, but I may have some of that info still. Stupid me we were also working during this time, so I could get that verification that we were employed in a differant city as well.

But I doubt they will care, I don't think its that they don't believe us when we told them we weren't there during those months. I think it just that they think since they didn't know we had moved out, that they feel we owe them that money since they didn't know they had the apartment available and that they could have been renting it.

 

[coolred]

Yossarian, while you did read it incorrectly, it could just as easily have said that, since this place is bone me up the rectum pretty bad.

 

[EagleKeeper]

File a dispute of the charge with each credit agency.
Statement of fact and documentation showing that you took up a new address after the lease expired.

If you were responsible for utilities at the old place and you can show that they were disconnect or switched back, that will help.

The collection agency will then have to respond to the charges. They may contact the apt complex about the situation. Having the documentaiton showing that a change of address took place should convince the collection people to drop the item.


Do not mention the missing move out paperwork. You should not have to keep track of it three years later.

 

[coolred]

Well like I said, I doubt I could get any bills or anything like that from that long ago. But as I said, I can prove that we were working in the city we were then living in. Which isn't absolute proof, but I don't know too many people that would commute 2 and a half hours to work and back each day. I will have to think if I have anything else that proves that we were moved out by then. ANy other info keep it coming, i will be back on later tonight. Thanks

 

[Kyteland]

Originally posted by: Yossarian
when I read the thread title I saw "Need some help with a rectal problem". I don't know why I clicked on it.

I read it as retinal problem. Maybe I need to get my eyes checked.

 

[coolred]

Well I went ahead and got my credit report fromt he big 3 agencies, TransUnion, Equifax, and Experian. My credit score was a 740, not the greatest, but good enough, and better then 78 percent of the rest of the US. I saw no sign of the collection anywhere, so I am not sure where she found out about it.

 

[coolred]

I called the collection agency yesterday, they were closed, will try again on monday. We have found W2's and some check stubs from my fiancee from when she was working after we moved. They have our address that we moved to on them, and if we need anymore, we should be able to call her employer(at the time)and get the exacts dates she was employed. SO hopefully this will be enough proof, it sure as heck should be. ANy suggestions if they hassle me on it?

 

[coolred]

Well I called the collection agency again, and they said, the only proof they will accept is the reciept or whatever proving I got the key back to the apartment. Which the collection agency lady told me that I should have kept it for 7 years, just like anything. SHe said she will accept no other form of proof. From what I got out of it, they are not worried about if we were living in the apartment or not, but rather the fact that apparently they did not receive the keys until July. SO they could have walked into the apartment, and known we were moved out, but still done all of this, since they claim they didn't get the keys till July. How they got the keys in July, I will never know, unless they found them behind someones desk or something to that nature.

SO I basically told the lady, so my only recourse now is to get a lawyer, and she said I could do that, but they would say the same thing. She is basically telling me that these check stubs and whatnot are not proof that we got the key back to them, so again, they are not worried about when we moved out, heck they may even admit we moved out in April, but they claim to have not received the keys till July. This sucks

 

[HardcoreRobot]

Originally posted by: coolred
I just don't even think that all this should be necessary, I know this place was not the greatest and are just out to get more money out of me. But I olny signed a 1 year lease, I stayed at the place for 1 year, I moved out at the end of the year at the end of the lease. If you stay don't they usually make you sign a new lease?

AFAIK, most leases automatically renew, so it is up to you to give them XX day warning that you plan on moving out, and they are required to give you notice if they want to adjust the lease/rent or dont want to renew. I dont have any good advice for you though! Did they return a security deposit to you? If you have record of that, that might be proof that you returned the key and actually were out of the apt. Why would they give you the dep if you hadnt moved...

 

[CptObvious]

Did it have to do with a 3 month notice requirement on the lease? A lot of apartment leases I've seen have this 3 month (in FL, it's 6 months max) requirement that says you have to tell the landlord at least 3 months before your lease ends whether you are going to move out or stay. e.g. if you waited until the day your lease ended then they could charge you for 3 months rent even if you vacated. If that's the case I would consult a lawyer (although, I don't understand why the debt hasn't affected your credit).