Legal Question in Real Estate Law in California
Harassing Bill Collectors
If I moved out after a full year and lease term, but was denied a move-in and move-out checklist because, ''they don't do those,'' and I KNOW the apt. was left in better condition than at the time of move in, how can I get the harassing collections agency to leave me alone? They call at 6am, 12noon... at all hours with a very rude and degrading attitude. I was never notified of any charges until 6 months after I moved. On the contrary, I called every 2 weeks to inqire about my refund, and was told ''wait 2 more weeks & gives us a call then.'' This was the ONLY response I got- NEVER anything about charges to a damaged carpet. I found that, by law any charges should be entered or reported within 21 days. How is it that the charges were not even noted on the account until approx. 60 days after my move out, but the apt. was occupied 30 days later? No one from the leasing office or mgmt. group will return my calls or letters. I am tired of having these people threaten to ''ruin my credit,'' and yell at me as if I am some type of criminal. What should I do? I am a full-time student and work 40+ hours a week. I can barely afford my rent, let alone a lawyer.
2 Answers from Attorneys
Re: Harassing Bill Collectors
Of course I can only see one side of the story here, but it does look as though you're being mistreated. I would suggest that you first read the Civil Code section(s) (see 1950.5 and perhaps 1950.6) dealing with security deposits, refunds, accounting, etc. to see what statutory rights, if any, the landlord has violated. Then, review a self-help law book on small claims procedures and one on landlord-tenant relations or tenant's rights.
When you have done the reading, the appropriate step should be clear to you. The code and perhaps the self-help law books should be available at your college library. The code is also available on line.
Re: Harassing Bill Collectors
In addition to being invalid under State law, as Mr. Whipple has said, the collection agency's harassment is illegal under federal law. The Fair Dept Collection Practices Act, 15 U.S.C. � 1692c provides:
"� 1692c. Communication in connection with debt collection
(a) Communication with the consumer generally. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt--
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;..."
Therefore, you may have a claim against the collection agency as well as the landlord.
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