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  1. #1

    Default Landlord Claims That I Moved Without Notice and Owe a Month's Rent

    My question involves collection proceedings in the State of: Massachusetts

    So I'm in a bit of a pickle here, but I shall attempt to explain it best I can. I leased an apartment with a now ex-girlfriend for about 16 months, which ended February 2015. Per lease contract, we were required to give a 30 day notice of wanting to terminate our lease in writing, which I delivered to the receptionist at the main office. We move out, everything seems fine. Half a year later, I start getting calls from National Credit Systems stating I have an unpaid debt. The agency said that my previous landlord claimed I never gave a 30 day notice, which I did, and they are therefore charging me an extra month of rent minus the security deposit, which they never returned. The landlord never called, emailed, or contacted by postal mail (they had my new contact information for all of these), but instead went straight to a collection agency. The collection agency did not contact me in any ways except via phone. The collection has only been reported to Transunion, whom I have sent a dispute to and am waiting for a reply, and Equifax, whom I sent a dispute to and received a response basically saying "Nope, this debt is yours" with zero reason as to why. I filed a second dispute, stating that the debt was incorrect and I didn't owe anything (they don't give a lot of reasons to choose for disputing). Both of these credit companies seem to outsource their phone support to other countries, where English isn't the first language, so any discussion with them is extremely difficult.

    My question is, what now? I could pay the debt if need-be, but I really don't want to pay for the falsifications of my last landlord. I've already filed a complaint against the management company with the BBB, but that could easily lead nowhere. I've made several attempts at contacting the office, as well as having sent out emails to both the landlord and the management company that manages that apartment complex to no avail. To further compliment things, the cosigner, my ex-girlfriend, is in the Marines and cannot be contacted except by (very slow) postal mail. If everything I've tried so far fails, should I go to small claims court? Would I have a chance in small claims court, seeing as, save a video recording, it's somewhat hard to present undeniable proof that I physically handed a written notice to management?

    Thanks for any help given.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Claims That I Moved Without Notice and Owe a Month's Rent

    Quote Quoting Bob Anderson
    View Post
    it's somewhat hard to present undeniable proof that I physically handed a written notice to management?
    That pretty much says it all, doesn't it.

  3. #3

    Default Re: Landlord Claims That I Moved Without Notice and Owe a Month's Rent

    I know I don't have much ground there, but a landlord shouldn't be able to simply lie about me giving notice and ruin my otherwise flawless credit score.

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Landlord Claims That I Moved Without Notice and Owe a Month's Rent

    If as you say the collection agency has contacted you only by phone, you can demand that they contact you only in writing. If they send a letter, then you can respond with a debt validation request. By searching on “debt validation letter” you will find numerous samples. You should read the Fair Debt Collection Practices Act Section 809 about validation of debts. Technically the validation letter should be sent within 30 days of initial contact, but probably over the phone they did not adequately inform you of your rights, giving all 5 pieces of information they are required to provide.

    You should also be seeking the return of your security deposit, and small claims court is probably the only way to do that. Of course this could be problematic without witnesses or other proof that you gave notice. According to Massachusetts Attorney General’s Guide to Landlord/Tenant RightsThe lease must set forth the name, address, and phone number of the owner, the person responsible for maintenance, and the person to whom the tenant can give copies of formal notices, complaints, or court papers.” What person was designated on your lease?

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