Legal Question in Landlord & Tenant Law in California
California: In October 2013, my Fiancee and I broke up, and I removed my name off the Lease Agreement to our apartment. Her name, and the name of her two friends that were living with us, remained on the lease. The lease ended in November. I got a call today from my Ex, that after the moveout, we were charged fees to the apartment that was insufficiently covered by the Deposit...we had dogs in the apartment, but we kept it clean and vacuumed..the apartment looked as if we had just moved in. The fees were sent straight to collections. I never received a phone call that we owed money to the Leasing OFfice, nor did my Ex, or the other two roommates. My phone was disconnected, the other girls changed their numbers, and my Ex's number was listed "incorrectly" in their file according to the Leasing OFfice...which is not the case because the entire 11 months we lived there, they would contact her cell phone directly.
Now, the Leasing OFfice had all our Email addresses...none of us were contacted in that way...and a couple weeks ago, the Leasing Office mailed me my ID Card which I left when I removed my name off the Lease...so they had a way of contacting Me. Instead, they chose to go straight to collections. Is there anyway to fight this?
2 Answers from Attorneys
Yes. You should dispute the charge with the collection agency in writing within 30 days in order to prevent them from messing up your credit. Ask for evidence to prove their charges. Ask them to show what and how they have used the security deposit. If there was a final walk through, get that report to see what if anything was wrong with the apartment. Lastly you can sue them if they mess up your credit in violation of the law.
I suggest talking to an attorney familiar with landlord tenant law, and defending people in collection matters. You are too focused on someone not having your correct number, but there are more important legal issues to go over that may help you.
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