Dog Community

Those who are or had rented an apt.

Posted : 6/20/2006 10:08:47 PM

Hi! I have a question. Ok My lease for the apt was a 9months lease which started on Nov04 until Aug05. (yeah long time lol) but ok.
Today i recieved a msg from my ex roommate/friend, saying that the Apt called him, and said that we still owe them money. A year later, they called us saying that. I'm not sure what it is for because i wasn't there to pick up his call (nor do i want to talk to him)

Is it possible for the Apt to called us saying that we owe them money a year later? I mean the ex-roommate he choose to deposit where if we happen to leave the apt condition bad, the company that the Apt reports the total cost will send us the bill.

So I'm here somewhat stressing out, got 2 of my buddy to help give me advice, but this issues sound invalid. But the question is, Is it possible for the apt to call us and telling us that we still owe them money a year later? Shouldn't the apt report it to the company about this?
He is a untrustworthy person, and I regret dealing with this guy for 9months. That why He is no longer my roommate/friend. What a jerk!

Ok I just got his called, and the apt is billing us regarding for clean up fees and all those other stuff. I beleive i shouldn't pay anything because I didn't live tehre, (i live only say 2 weeks and couldn't stand it so i left home), but if we don't pay then it going bad on our credit.
I don't know what to do now. I have to go talk to manager about this issue.
Thanks!

Mic

Posted : 6/21/2006 12:12:53 AM

Pay the bill (directly to the apt complex), and then sue the ex. If you count on him to pay it, and he doesn't...you are screwd. If you are on the lease you are liable for the damages to the apartment complex. If you can prove you only lived there a few weeks then your ex is liable to you for what you paid.

This is exactly what small claims is for.

You may be able to negotiate the issue with the apt complex, but if not just pay them.

It isn't worth ruining your credit for a few hundred, or even a few thousand dollars. I am speaking from a very annoying personal experience that I had in college.

I didn't pay for damages because I didn't live there (I was on the lease), and I dealt with it for years. I should have just paid the $800, and sued the idiots that lived there.

AngelDog

Posted : 6/21/2006 12:52:53 AM

Thanks mrgmfoster for replying.
Actually, the Ex is willing to pay for his part because he doesn't want bad credit on his record either, but it just the two other poeple who lived there that wouldn't take any responsibility (one who doesn't pick up the phone and another one who claims that there isn't any damage) I mean Im ok to pay my part, so I can get out of it and don't have to deal with these issues anymore. But I'm just wondering why the company didn't call or sent us a statement regarding this.

Anyways I have another question. Since there four names on this lease, will it be possible if the ammount is divided by four, and for those who doesnt' pay, they will get what they didn't pay for, and for those who paid, they can get their name knocked out. I know it a group thing and we have to pay the whole amount. I'm willing to pay my part, eventho I didnt' live there the entire time.

ewin0210

Posted : 6/21/2006 6:27:34 AM

I would contact the apartment manager to get more information on this. If you don't trust the friend for the truth then go straight to the source. That being said, I find it suspicious that they would contact you a year later. I would assume that someone else has moved in since then. What proof does the apartment manager have of damage? FYI, I always took pictures/video of any apartment I lived in right before we moved out. That way if there is any disagreement I have my own proof.

Here's a website that might help. I'm assuming from your avatar that you live in CA:

[linkhttp://www.hud.gov/local/ca/renting/tenantrights.cfm]http://www.hud.gov/local/ca/renting/tenantrights.cfm[/link]

Every state has one of these sites. You may be able to contact a lawyer for advice through them as well. Good luck!

ewin0210

Posted : 6/21/2006 6:29:31 AM

OH, and actually I would write a letter and send it certified mail directly to the apartment manager asking your questions. I would do this instead of calling him. Its always best to get things in writing!

Mic

Posted : 6/21/2006 7:06:14 AM

Since there four names on this lease, will it be possible if the amount is divided by four, and for those who doesn't' pay, they will get what they didn't pay for, and for those who paid, they can get their name knocked out.

If I was the apartment complex I wouldn't let anyone off the hook. Part of the issue when you go in on a lease with folks is that you are all responsible for the entire contract unless it is otherwise specified in the terms.

I would follow Ewin's advice and start a dialog with the Leasing Company. Make sure you send a letter certified mail, and make sure that you know the correct contact person.

rwbeagles

Posted : 6/21/2006 7:28:34 AM

In cases of multiple people owing, the apt complex will go after whoever they can find. Often it's the ONLY responsible person, because the others could care less about their credit in many cases. then as Mic said it's up to that person to SUE to get their own back...

tashakota

Posted : 6/21/2006 7:30:54 AM

In MA, all were seperately liable for the apartment. So if one person who's name was on the lease, skips out, the remaining people are responsible and they will go after the people they can go after. Meaning whoever they can contact. I agree with Mic and Ewin, put it all in writing, make copies and send certified mail.

sharismom

Posted : 6/21/2006 7:34:27 AM

If you ever rent again, I think it is also helpful to note in writing any damaged or broken things you find before you sign the lease, as well as when you move out. I know landlords like to paint (to hide things) and make minor repairs, so I've always found this helpful. I think the only worse tenants/roommates than college students are single Navy men. Norfolk, VA used to have an expression that said "sailors and dogs must keep off the grass"!

ewin0210

Posted : 6/21/2006 7:55:56 AM

TashaKota, you're right on that. But massachusetts laws give WAY more rights to the tenant than most other states do. Did you know its almost impossible to evict someone even if they don't pay rent!!!!

sharismom

Posted : 6/21/2006 8:21:57 AM

Emily, I think that may be true in many states.

Did you ever see that movie with Michael Keaton, Matthew Modine, and I think Melanie Griffith? I can't remember the name of it, but the couple rented the lower part of their San Francisco house to Keaton's character and couldn't evict him even though he didn't pay rent, damaged the property, infested the place with roaches, etc? It was pretty scary to see how few rights the landlord had.

glenmar

Posted : 6/21/2006 8:38:40 AM

Go online and research the rental laws in your state. In mine, for example, the landlord has I believe 30 days to provide an itemized list of damages/charges that are to be withheld from the security deposit. Then the renter has X number of days to dispute those charges in writing. Once that's done the landlord has X number of days to either file suit so that a COURT will award them the damages or to return the money. A year later isn't something that is allowed in MY state. I think that the worst they can do is to keep the security deposit in full if you haven't provided a forwarding address so that they can tell you what you owe......but find out specifically for YOUR state. The attorney generals office handles this in my state and maybe does in yours. Its worth some time online to research and a phone call.

hlb118

Posted : 6/21/2006 11:15:05 AM

In California you (the renter) have 21 days to get back your deposit, or be given a written letter stating the damage, or damages done, costs, etc.

A year later is too long. Do not send them any money. They were in the wrong if no letter was mailed in 21 days. We manage 50 properties here in Redding, and we (the landlord) only have 21 days, after that we pretty much lose out on damages if we didn't send a letter.

I just recently went through something like this with a tenant. But we didn't give back their deposit in a timely manner. Legally, 21 days is the limit. So they looked for legal help. Sure enough, they brought in documents stating that 21 days is the limit in California, and they could have sued us for not returning it within that 21 days.

I will see if I can find that website of Real Estate law in California for you.

Here is a link to the DRE for California... [linkhttp://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm]http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm[/link]

KC

Posted : 6/21/2006 11:27:16 AM

I think Glenda has some great advice. I would NOT just fork over money that they supposedly want a year later. First thing: you need to communicate directly with the management company. Find out exactly what they are trying to bill you for--get everything in writing. Ask for proof. It's a year later and someone else has probably lived there. Then I would research rental laws in your state. It sounds INCREDILY fishy for them to try to bill you a year later for general clean up. And besides....this is what a security deposit is for. Did you ever put one down? If so, did you ever get it back? If so, they are probably screwed (their time to collect money was then). The truth of the matter is that in virtually every situation the impetus in on the landlord--not the tenant. This is why landlords can be so anal when finding tenants. This is also why they ask for security deposits. Once you are out of there--they are basically screwed in terms of collecting money. And they need to do everything BY THE BOOK or they are in trouble.

Find out where you stand legally and don't pay a dime until then. By the way, you can contest charges against your credit report....

AngelDog

Posted : 6/21/2006 11:42:08 AM

Thanks All for the helpful advices/comments.

I think that they might sent any one of us the statement cost, but I did not recieve it. my ex-friend claims he didn't receive it, but I don't believe him, because while I was living there, the cable statement was under my name, and I never received any statement from them, and the only person who has the keys is that jerk. After that, I called the cable company to change the address to my original home addy, and ever since then I recieved it monthly.

My ex-friend was the one who made a security deposit, but I think the deposit wasn't alot because he picked the option where, if the cost of cleaning up is more than the deposit cost, than the apt will bring the statement to this one company, and the company will handle us.
I'm going this saturday to see the manager, talk to her and I will ask for the paper statement.
It sound invalid how it took them almost a year to get a hold of us and bill us. The company have our information, they should've send a notice to each one of us if they can't contact us via phone.
I know that this guy is doing something stupid, and I'm going to get someone who know about the rental law to come out with me and talk to the manager.
Thanks once again!