Legal Question in Credit and Debt Law in Utah
Cannot prove damages
My lease ended at my apartment complex on April 30th 2005. I moved out April 15th 2005 but paid in full through April. I received a bill for 100$ in carpet damages. I did not damage any carpet and have 3 witnesses who saw the carpet the day I left and turned in my keys. The district manager says she has pictures to prove it but I don't believe they are of my carpet. She said she will put my account to collections if not paid in 30 days or she'll file a lawsuit. Can I dispute this is small claims court? Also, they refused to let me look at the actual damage in the apartment even though my lease had not yet ended.
2 Answers from Attorneys
Re: Cannot prove damages
Get the witnesses to sign affidavits and send to them with a letter indicating you will contest the matter in court if they do not drop it.
Re: Cannot prove damages
Send a certified, return receipt letter to the landlord disputing the claim and request a detailed description of all damage done and a copy of each receipt for the cleaning and repair work. Tell the landlord that if a report is made to a credit bureau prior to actual judgment that you will sue for defamation and filing a false adverse credit report.
If it is turned over to collections it may wind up in small claims someday. Although this is such a small amount that most likely nothing will happen outside collection calls and credit reports.
If they file an adverse credit report, you take them to small claims court.
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