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Can a landlord send me to collections for damage that she can't prove is mine?
Anonymous3 views4 answers
40+ days after I moved out of a rental unit (& after receiving my security deposit back) I received a letter from that landlord saying the new tenant who moved into my old unit had complained of pet urine & that the carpet pad was "saturated". The landlord had the carpet replaced & sent me the bill of $400. I did have 2 dogs while living in the unit. However, the new tenant at this point had been living in the unit ALSO with 2 dogs for the 40+ days. So there is no way to prove whether the urine came from my dogs or the new tenants dogs. I responded to my landlord stating my case and then I received a letter in the mail saying she had sent me to collections. Do I not have rights? Why would I be obligated to pay this when its not proven to be my damage and AFTER I had a full walk out?
The Landlord is within their rights to claim that Fido #1 (your beast) left the urine stain and turn the matter over to a collection firm.
If you actually get a letter from a collections firm, send a letter or information including what you listed in your inquiry explaining that you will not take liability for Fido #2
If it comes to that, on the facts you have recited I think you die in any court, including Judge Judy’s
Landlord can send you to collections. Immediately demand validation of debt from the collections agency. If anything is put on your credit reports, dispute them all and demand the collections agency remove or discuss your options with a local consumer advocacy attorney.
Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Jerald Friedman
[email protected]
www.stopcollections.net
Someone who claims you owe them money can always send you to collections. It doesn't require them to prove that you owe them money, but nevertheless, can be very damaging to your credit.
Unless & until the creditor sues you & wins, you can't be forced to pay. And for $400, it is unlikely that even the collection agent will sue you. But you will want to counter the negative repercussion of having a collection account on your credit. To do this, you will need to file a dispute on this debt with each of the credit bureaus and immediately inform that collector that you dispute the debt as well.
Hope this perspective helps!
I think the landlord would have a difficult time proving this case in court. The fact that the supposed damage was only noticed over a month after you moved out (and after new tenant moved in with their own dogs) makes this situation tilt in your favor.
