Legal Question in Landlord & Tenant Law in Oklahoma

Apartment damages

I co-signed on an apartment lease for my son. All rent was paid on time for the year. There were damages left by he and his friends. Last day in the apartment was November. Collection agency called me in April (5 months later). Now they want a $400 fee on top of the damages. I knew nothing about this and was never notified at all until the phone call in April from the collections agency. Shouldn't the apartment have contacted me as well as my son either by mail and/or phone? They are saying that's not their policy. Their policy is to send a letter to the apartment only. But, now they want BOTH of us to pay even those BOTH of us weren't notified. My son, of course, never said a word. We could have paid for the damges by December and been done with the whole thing, but now that they involved the credit agency without my knowing anything there is the credit agency's 40% fee added.


Asked on 5/12/09, 4:35 pm

1 Answer from Attorneys
Marsha Dixon

Re: Apartment damages

First of all, the landlord had a responsbility to specify the damages and validate the cost of repairs. And, if there are additional fees added by the collection agency, this is usury. The collection agency is not authorized to add such a fee. I would requested a letter for the original creditor, the apartment,to investigate because this is suspicious activity. You also might look into this collection agency to find out how it is operating legall and request that the case be taken before a judgement. Without a court judgment, they should have no legal recourse, particularly, if it occurred after-the-fact.

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Answered on 5/13/09, 8:48 pm


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