How long are you supposed to have to pay fees for damages when moving out of an apartment?

Question

I recently moved out and they claim there are 686 dollars worth of damages which I don't even agree to all of them. They called me on a Wed after 4pm and wanted the money by Friday! Then they said they wanted it by Monday. It's still not enough time, I don't have that much laying around. They said they would take me to court to get the money if they didn't have it Monday..I tried to call them to tell them how much I could have at that time. But they did not answer and have not returned my call. If I go in and pay them $200 to start can they take me to court if I am already paying on it? What can they really do about it? I can't magically have that kind of money!

Answer 1

Do you think you owe the money ? If you do then you need to work out a payment arrangement because if you go to court and the judge rules in their favor then you will have to pay 4 their lawyer aand court fees...... I f you didn't do any damages to it then contest it and show proof that you left the house in the same as it was movd into .( pics )...... ask them for a summary of all the daamages and charges.

Answer 2

They have to give you a reasonable amount of time. Document everything! Did you take picture when you moved out? Did you document maintance problems and requests when you lived there? Did they give you an itemized list of the so called damages?

If you have made a good faith effort to make payment and/or payment arrangments I can't see that they will take the time and money to take youto court for $686. It would be done in small claims courtt and the best they could hope for is the judge to order you to pay it back-and when you tell the court what your finacial circumstance is the court will order payment.
First-Call them and tell them you are requesting written documentation of said damages.
Second-After recieving written statment send them a certified letter along with your first payment. In the letter list the dates and amount you can pay-stating that this is a reasonable payment arrangment.

If that doesn't work-let them take you to court. It will be a waste of there time.

Good luck-they sound like real jerks.

Answer 3

This is another one of those questions where you didn't offer enough information. It depends a lot on the laws in your state and what your lease says.

If you disagree with their damage assessment, mail them a certified letter, return receipt requested that says:

1) You dispute the validity of the debt.
2) You want proof of damages and the related charges (i.e. receipts, repair bills, etc.)
3) That they are to immediately cease and desist the harassing phone calls and threats.

The very worst thing that can happen is that they take you to court and win. But while they're waiting for a court date, you have a chance to save up some money.

And you might go into court and dispute some of the charges and the judge agrees with you, and you don't have to pay them all that money.

In Virginia, landlords are required by law to return your security deposit in full within x number of days, or to provide in writing a detailed accounting of anything retained from your deposit along with a check for the balance, or a detailed accounting with a bill for the balance they contend you owe.

The fact that these people are calling you and making threats tells me that they're used to intimidating people into paying them---they're probably more afraid of going to court than you are.

Answer 4

It's a civil matter in most states. The contract that you signed when you moved in will be what the court will look at, if you wind up there. From your statement you admit that you agreed to a majority of the damages, so it would appear and i "assume" that you did cause damage to the apartment. My advice? Work out a payment plan with them and get it done! The long term damage to your credit report and ability to move into another apartment in the future aren't worth you fighting them.

Answer 5

Tell them to take you to court, and make sure they bring along to court evidence and cost of your damages!

The court will put you on time payments so go tell them to leave you alone and take it up with the court!

I would want to see some official listing of any damages that I had done before I paid anything. What happened to your security deposit?

Where is that $5,000 you owe me?

Answer 6

Tenancy laws vary a little bit from state to state (or province to province for those of us in Canada) but most of them are quite similar. I can only speak from what I know of the British Columbia Tenancy Act.

What your landlord is doing is not only WRONG, it is ILLEGAL.

First of all, they must return your original damage deposit WITH INTEREST. Your landlord cannot withhold any amount without your written CONSENT. They can apply to go after you for damages but they cannot simply declare an amount and require you to pay in an unrealistic amount of time. Go talk to your local government access centre and speak with a representative for advice.

Your landlord must go through proper channels to claim damages, and the first step in the process is not to drag into a courtroom to obtain a figure pulled from the air.

Now that your landlord has broken the rules, you may have recourse to not only NOT have to pay, but you may be entitled to your damage deposit in FULL PLUS INTEREST FOR THE TIME YOU RENTED THE PROPERTY.

Again, speak with a rep...laws do vary a bit depending on your region. Most are very similar though.

I hope you soak your greasy landlord. They aren't playing by the rules and you probably almost paid them out, simply because you do not know your rights as a tenant. (Which I'm sure your landlord was banking on).

Don't get me wrong, if you have damaged the place you can be held accountable, but it sounds to me like your landlord is playing a game because he/she knows they couldn't possibly get the figures they are demanding if they followed protocol and all rights and priveleges (for both the tenant and landlord) were excercised in full.

DO NOT AGREE TO PAY ANYTHING UNTIL YOU GET ADVICE FROM A REPRESENTATIVE. FOR MOST STATES AND PROVINCES, THE SERVICE IS FREE OR A VERY SMALL FEE (usually under $20) IS PAID TO ENSURE YOU ARE TREATED FAIRLY.

Go get 'em tiger!

Answer 7

If you paid a security deposit when you moved into the apartment...then that should cover any damages. Some landlords will try to bully you to get more money claiming unfair damage...let them keep the security deposit...you KEEP your money...and wait them out. If you get served with a summons to appear in court, appear and tell the judge exactly what damages they claim that you feel is unfair...the amount may be adjusted. However...unless they file legal papers (which is highly doubtful) then you owe them NOTHING. If they continue to contact you it is harrassment

Answer 8

they should allow you to set up a payment plan. Write them a formal letter - send it certified mail and get a return receipt - tell them you are willing to pay for the damages, if they present you with proof of the costs. Also mention that once you are given proof (in the form of estimates or bills) you would be willing to set up a payment plan to cover the debt. that way if they do take you to court - you'll have proof you were willing to pay.

Please please tell me that you took pictures when you moved out and did a walk through, also that you took pictures or did a walk through when you moved in.

i'd really say if they are being unreasonable, to tell them to take you to court. they'll have to provide proof to win a court case.

Answer 9

Yes they can take you to court for an extended amount of damages to rental property.However they can also put it on your credit report. If it is not paid off.

Answer 10

DO NOT PAY!!!! its a scam, it happened to me only it was 985 dollars to replace the carpet. dont know where your from, but here in georgia its big business. i told them to take me to court and i didnt hear from them again.