Should I pay Apartment Carpet Burns Penalty?

Question

I had posted similar question before too. But now the deadline for my payment is just 2 days from now. So, I would like your opinions.

Long story in short: I vacated my apartment in Dec 2005. Leasing office sent me a letter in Feb 2006 saying that I have to pay $600 for burned carpet. I called maintenance manager and he agreed that the burns were there before I moved in. Unfortunately, I did not have any written letter on this.

Now, after one year, I got a letter from a collection agency asking me to pay $600. I called up maintenance manager and he says he does not remember talking to me last year. I agree with him, he might not remember. Afterall he inspects hundreds of houses in a year.

Now my question to you is. I do not want to pay collection agency $600. But they are threatening me that if I do not pay atleast $500, they will take actions and then I will be responsible for this amount PLUS the attorney fees.

Please advice. Should I pay them $500? Or should I not? What

Answer 1

You may want to take this to small claims court if you have some evidence that indicates it's not from you. If you had history of smoking in the house, wild parties, have been warned about them, and the too many people that came in and out of your place then...you may not have a strong case. I think the bottom line will be unless you saw those stains and noted it before you moved in, you will have to pay to get those stains fixed. What you can do instead of taking it to court, spending money to do this, if you do not have any proof, is negotiate a price with the collectors, they usually cut the price a little bit with a promise to make monthly payments. Don't dodge the creditors, this isn't a credit card this is housing. Once on your credit bureau you may have trouble renting again and it's almost impossible to take off (it will take 7 years plus).

Good Luck, friend.
Hope this helps : )

Answer 2

That is a hard question but since you did not have it written down when you did your move in inspection sheet you are more then likely going to have to pay the bill. It sucks but you really need to keep track of the stuff when you move in and out. I take notes and pictures of things so that way they can not say that I damaged anything or charge me for repairs that were not mine. Write this one off as a bad learning experence. Also the collections agency will sue you and you will then end up paying court fees as well as the original amount.

Answer 3

The burdon of proof is with you. You should have disclosed it on an "inventory and condition form" so you couldnt be charged. If they did not give you that form you can probably win this one in small claims court.

Have the maintenenace man tell them is was not your damage first though and see if it works.