scrubbedexpat084

Hi

I recently moved out of a rental place (Florida) and they are charging me ridiculous amounts of money for carpet replacement. On a side note they change the carpets anyway when there is a new renter. They claim my dog p....ed on the carpet, which she never did, and are adding on tonnes of money for things that are absolutely not true. Yes, i know, i should have taken photos, but when you are moving, there is a lot of stress and you just forget to do that most important thing!

I now have debt collectors on my back. I have spoken to them to sort this out, and they say if i dont have proof then its a no go. My answer back was....well where is their proof? Clearly a stupid thing to ask as the rentee always wins (is rentee the right word??). I am fuming as just spoke to them and stated very clearly (when i got a chance to speak) that i am not refusing to pay the amount, but that i do not owe xxx any money. She then hung up on me after saying ok Ms. so and so....you are declaring you are not willing to pay...to which i then said, no.....i am saying that i do not owe these people any money until they can prove, as i have to, that i do. She hung up before i could finish. I'm not expecting customer service from a debt collector, but it appears i have no chance on this one!

Does anyone know of a place i can go to for free help on rental issues?

Many thanks.

mrken30

Around here if you go down to the local court house there are many attorneys willing to represent tenants.

Landlord/Tenant law can vary a lot by municipality and State. There may be tenant advocacy groups in Florida.
With some debt it is sometimes better to pay the debt and then fight it in small claims. It depends if you think you have a chance of getting the money back.

Did you have a move in sheet? Did it mention the condition of the property?

You may also want to read through this

https://www.landlordology.com/florid...d-tenant-laws/

In Oregon you also have to add 3 days on to the time limits for mailing.

scrubbedexpat084

Thanks mrken30...will look into that

Rete

Turn the tables and take them to small claims court asking for a refund of your deposit.

When you rent with a pet, usually there is an additional fee to the rent to cover the cost of replacement of damaged items caused by a pet. That should cover their expenditures, if there are any.

Check here for what is the law and for advocacy groups in Florida.

https://www.google.com/search?site=&...k1.lRHrlcSZeJM

mrken30

The extra pet fee very rarely is enough to cover replacement carpets etc. How do they know it was your dog? Did they clean the carpet before you moved in? Was it new carpet?

SanDiegogirl

Did you not pay a security deposit, damage/cleaning deposit and final month rent when you moved in?

Any damage/cleaning is then taken out of these deposits.

So I am curious as to why they are coming after you for additional payments.

In one rental I had, just like your apartment, they either replaced the carpet or, at least, cleaned it and that always came out of the damage/cleaning deposit.

mrken30

They should have sent you a letter detailing the reasons for the deductions and itemized accounts. If they did not do this in the time specified they lose their money. However the debt collection company you have to deal with within 30 days I think and send them certified mail etc. I have done this once, but I also paid to see an attorney for peace of mind. These are 2 different issues now.

anotherlimey

Depening on how much it is you could have ignored the letters.

I had a dispute years ago with rental company for under $500 and was never taken to court by the debt agency.

But a lawyer will tell you that's bad advice.

Sometimes it's better to settle for less. The debt agency bought the debt for a lot less than the balance. You could offer 25% and then settle for 50%.

Risking court and then taking the time off work might not be worth it for you.

Pulaski

This! ^

I have never heard of a landlord trying to claim money from the tenant beyond the money held as a security deposit. Getting the security deposit back can be challenging even if you leave the home looking immaculate, but trying to sue for additional payment is taking BS to a whole new level!

SanDiegogirl

I agree - hence my original post.

It's usually the tenant trying to get back their security deposits etc, not the rental company trying to get more money for 'whatever'......

Something does not add up here .....

Rete

I've never lived in Florida but had a daughter who did in Naples and a sister in Ft. Myers. My daughter's rental in Naples did not have carpet but that aside, I can't see or believe that they replace the carpeting after a tenant leaves regardless of what condition the carpeting is left in. Some renters are only there for a year. So are you telling me that they replace the carpeting after only a year's lease? I don't think this is true.

And what are the tons of money for things that are absolutely not true? Did you get an itemized list of items that required repair and/or replacement? I can only imagine that it would be repainting the apartment, perhaps patching holes left from hanging pictures, mounting television(s), kitchen cabinet doors or closet doors that were damaged?

Who helped you to move? Was it strictly a moving company? Or did you move yourself with the help of friends? Is there someone that can attest that the apartment was left broom swept clean on your final day? Did you not do a walk through with the rental agent/management company before handing over the keys?

I grant you that my knowledge of rentals in places outside of New York State is very limited as we normally live out our last month's rent and they are always anxious for you to leave so that the rent can be jacked up to the limit for that size apartment so they don't a flex about the condition of the place usually and unless it is in a rental house or an apartment in a duplex/2 family private home.

I posted the google search regarding tenant advocacies in Florida. Now you need to contact someone and find out your legal rights and what you can legally do to solve this problem.

mrken30

As my attorney always tells me to pick my battles. More often than not it is cheaper just to pay someone off.

This happens but generally only if there is extreme damage. Locally there has been at least one case where the landlord went after $20k from the tenants. They had totally trashed the house and had the money. Most of the time tenants do not have the money, so it would be an expensive exercise.



This is useful information about debt collection agencies.

6 tips for dealing with debt collectors

If you don't believe you owe the money, dispute the debt in writing. If you send the collection agency a letter within 30 days of receiving the written notice stating you do not owe money, a debt collector cannot contact you. Make sure you keep a copy of the letter as part of a paper trail on your debt, says Gerri Detweiler, the Sarasota, Fla.-based co-author of "Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights."

Further, your response to the collector should be sent by certified mail. "You must send certified," says Jeffrey Suher, a consumer attorney in Pittsburgh specializing in debt collection cases. "Otherwise, they'll deny receiving it."

You really do need to get that letter off within 30 days.

also the FTC has useful information

https://www.consumer.ftc.gov/article...ebt-collection

Pulaski

FIFY.

mrken30

Attorneys eat money, so both really. The $20k example the tenant was a fairly wealthy tenant, the rent was $4k a month about 8 years ago. However some people do not do the sensible thing and will spend money on attorneys for a small amount.