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What steps are taken before a landlord can report you to a collection agency?


Here's the situation, I rented out a townhouse for a year. I've paid my security deposits on pets and the apt. I've never been late, never gave them ANY problems. I moved out after the lease was over. Gave them a month advance notice that I didn't plan on renewing my lease.On the day I left I could not wait for the office to open up so I left my apt keys, mail keys, gate keys and a note w/ my fwding address and cell #. (hoping to recieve my security deposit back) After a year later I apply for a home loan only to find out that I've been reported to a collection agency for $1142! It really dented my score...BAD. I've never recieved a notice that I owe anything. In fact I never even recieved my deposit back....what do I do? what are my rights? Can I sue them for giving me bad credit?

What did they say when you called them and asked about this?

Too much time has probably already passed, but an attorney would be able to let you know for sure.

If they got the keys, then they got the forwarding address. Most states have laws that say something along the lines of the landlord having to do one of two things...either return your security deposit within 15 days, with interest, or provide to you in writing their intent to keep your deposit, and on what grounds. They have to notify you, and if they didn't, then all repairs etc are on them. However, if too much time has passed, you might not be able to fight this.

What they've probably done is taken advantage of the fact that you most likely didn't know the law regarding their time lines in relation to your deposit, so they went ahead and charged you for things they normally wouldnt have....like cleaning, painting, carpet cleaning, etc. You were at fault for not doing a walk thru with them before turning in the keys, but they were at fault after the fact for not notifying you in a timely manner of their intent. So, it all depends at this point whether or not you're within the time period allowed by law to sue the landlord for damaging your credit without notifying you.

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