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need opinions re: old move out charges (long)
We moved out of our loft a year ago in July and purchased a house. The lease on the loft was up in October, but we cleaned up and left them the keys but didn't break the lease since we had negotiated that in our house buying terms and just paid out the last couple of months of the lease.
We received our final bill which included trash & water for the last couple of months as well as two additional charges. I wrote a check for the water & trash- which of course we didn't use, but I understand we are responsible for.
The other two charges were:"excessive holes" and "partial cleaning". I called the manager and assistant manager and left messages with the front desk but not a single message was returned. 6 months later, a second reminder comes, and I call and leave more messages. I left a total of 10 messages and let the issue slide since I wasn't hearing back.
So I get the collection notice in the mail yesterday. Bastards. Now it's become the principle of the matter. I'm looking for an explanation and I have no problem paying if it's a decent explanation. However, knowing that I left the keys with them months before the lease was up I refuse to pay for cleaning costs when I left it spotless. AND WHAT THE HECK IS EXCESSIVE HOLES?!
My husband, ever the starch supporter of the principal of the matter refuses to pay it. I don't want to ruin my credit history over this BS.
Looking for thoughts and ideas.
I just sent a mildly nasty email to the complex as well as the management company. I'll follow up with phone calls when their butts get into the office at 10.
So annoying.
Re: need opinions re: old move out charges (long)
and don't forget copies to the BBB and to an attorney. and be sure they know copies are going there, too.
Seeing an attorney name usually let's them know you are serious and they'll back off
Is the loft still vacant? Tell them you want to see the damage, or at least the pictures they took of the damage.
i would actually go down there to get this resolved, if you can. at this point it is going to be a your word vs. theirs thing but if neither of you have proof, it seems they should drop the charges.
also, i think (i'm not positive but i had someone send me to collections for a medical bill i was not aware of, and this is what they said) that as long as you resolve the charge with in a certain amount of time from receiving it, it will not effect your credit
also, let this be a reminder to everyone. do the walk through with your office staff. my husband did mine for me and they were planning on charging me $50 b/c there was a crumb in the freezer. He wiped it away and they had to scratch of the charge.
I just did a walk through of our apartment last week because I didn't want to be charged for stuff like that! But I would probably go down there and talk with them. I think there is no way that unless you had huge holes in the walls that you should be charged for that. They should expect some holes in the walls from pictures, clocks, etc. But I would also try e-mailing so you have a paper trail that you tried to contact them and keep track of anytime you call them.
It will be difficult because it's been so long. Try to remember dates that you called - send them full letters (as well as emails) that cite dates you called and that return calls were never received to document why the issue has not yet been resolved (just to get the phone calls into written documentation). ("I left a messages on your office voice mail on May 6, 10, and 15, 2009, after receiving the first collection notice. To date I have not received a return call, email or letter. I am expecting communication from you by August 15, 2009, you can reach me at...")
At the management company I used to work for once we turned it over to the collection agency we were no longer involved, but people have different agreements with their collection companies.
I would contact the collection agency (in addition to the management company), and explain to the collection agency what the situation is - give them copies of letters and emails you have sent in an attempt to resolve the situation as well as a list of dates you have called and where and for whom you left voice mails for.
As you know, it's not worth hurting your credit over unless it's a huge amount. It's just too bad that managment companies try to nickel and dime people over things.
Good luck!
I just got an email back from the management company (Omnium) that they are investigating and will get back to me.
The thing about the holes could be one of two things.
1) I had a series of mirrors up over the tv. I'll show you pics once my picture hosting site is done with maintenance.
2) We had two lofts (one was a studio) and they might be charging me for the holes from that. We returned those keys last June so I would be PISSED if they were charging me for that. I had offered to paint and fix those - they were caused by me stapling backgrounds to the wall, but the manager said they were fine and cleared us of charges last year.
So that's why I want to know what excessive holes are. If they are charging me for the studio loft, I'm going to fight that especially because we closed that one out.
ksvend, thanks. I'll see what I can get done today and also contact the collection agency.
It's $125. I know it's not a lot, but it's a stupid situation
I highly DO NOT recommend calling the collection agency. Since I acknowledged receipt of the letter she told me that if I didn't pay over the phone or go to Ace Cash Express by Monday she would be noting "refusal to pay" and putting it on my credit history. Dude, she was freaking mean on the phone with me.
She said that unless I have a letter from the loft company stating that I have a zero balance dated in 2008 I have to pay the amount. If for whatever reason the loft company decides to modify they charges they will refund me, but I still have to pay the collection agency.
I felt like a horrible criminal, I've never been treated like that before. Geh.
Apartment complexes are the WORST.
My advice (which doesn't do you one drop of good now) is to take pictures of EVERYTHING when moving out of an apartment. We did that in Lubbock, and then the complex tried to charge us about $300 on top of our deposit for a spotless apartment. My red flag was that they were charging us for all new stove drip pans....but I had replaced our used ones with brand new ones the day we moved out.
I went to the office and showed the pictures and they ignored me. They basically told me I was a student, they were a business, and there was nothing I could do about it.
Took all my stuff to a lawyer (easier for me than it would be for you bc we had free access to lawyers on campus) and they contacted the apartment complex and it all got dropped immediately.
Hopefully I won't have to deal with apartments anymore:)
Gipper- lynn-michelle at sbcglobal dot net
Thanks a bunch
YGM. GL!
Well, the management company sent me pictures of what they had to have 'cleaned'. Some of it was total BS, some of it I could have cleaned better. For example, there was a hair in one of the drawers and some fuzz in the tub. HA!
The non-BS was the refrigerator side shelves - you know what you put the condiments in? I guess I couldn't see in because the top one was super dirty- oops. The oven could have used another scrubbing, but I've left worse at old apartments and not been docked.
The pic of "excessive holes" doesn't look particular excessive, but I know they are talking about where the mirrors used to be over the tv.
So, all I wanted was an explanation and I got one. I'm going to pay the money all though my husband is probably going to say not to.
It's not going to stop me from writing bad reviews about them on every apartment site. While we lived there, my stereo was stolen out of my car twice, A/C failed, bathroom leaked & flooded from the resident above and a host of other things I overlooked. Not anymore. Kiss my butt CanalSide!
I'm glad that at least you got an answer. Sorry about recommending you call the collection agency - I know that their job is just to intimidate you into paying, but the one we worked with would at least listen to people.
I had a friend who was charged once for not cleaning behind the fridge (not execssively dirty, just normal dust/dirt)...talk about crazy.
While it would upset me and piss me off .. I would just pay. It's their word against yours and they usually win. I know it's the principal of the matter...
This happened to me when we moved into our home. I paid double pet deposits at the apartments since I had two cats. Like $500 dollars or so. They told me that it did not apply to any carpet replacement so I had to pay them about $300 after I moved out. I was peeved. But it wasn't worth the battle and I didn't want my credit to get jacked. But I guess I am a lover..not a fighter...
Good luck! Hopefully you won't have to pay like I did.
Unfortunately you may have to eat the cost. BUT before I did that I would write letters (snail mail not email), they seem to get much more attention and are treated more seriously. Write it to the management company, and copy the complex. For me it sucked because, if I sent an email or letter to the mgmt company, they first contacted the complex to talk to them about it...so it was hard to get anything done-the complex manager wouldnt just say what she could to get around it. So it wasnt like I could go above her head. Nonetheless, I would try that. Also, like the pp, go to the office and try to talk to them as well.
I would note this to the BBB and any major apartment/loft review sites as well...I know it seems like it wont matter, but I think it might to someone.
Good luck!