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Security Deposit vs. Collections?

  
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Security Deposit vs. Collections?

Postby wendlesora » Tue Nov 22, 2011 3:20 pm

At the end of 2009, I co-signed a lease for someone for an apartment in the complex in which I reside. To move in, he paid a security deposit and the first month's rent. Problems began immediately after move-in, and long story short, I wound up covering the second month's rent. Shortly after that, he skipped out on the lease and moved to South America. Lesson learned.

Anyhow, the leasing office was great about it. They basically wrote it off, it seems, rather than sticking me with the remainder of the lease, a judgement, an eviction, a trip to Guantanamo Bay, and God only knows what else.

So after all was said and done, after I helped clean out the unit and find a home for the dog he'd abandoned there, I received a letter from management stating that after all the cleanup and repairs, and after his security deposit was applied, the office was still owed $300. The letter explained that unless I objected within fifteen days, that amount would be deducted from my security deposit. Given the damages and realizing my obligation as co-signer to pay for them, I did not object, and considered the matter handled, as the letter did not ask for any further actions on my part.

Lo and behold, a few weeks later, I get notification that an collection account has been placed on two of my consumer credit reports by Hunter Warfield, a third-party collection agency that apparently specializes in collecting on behalf of apartment complexes and funeral homes. Considering management had already claimed the relief they sought in the notice they gave me, I cannot see how placing the matter with a debt collector, thus damaging my credit, was a just course of action.

I absolutely do not dispute the claim against my deposit, and would be more than happy to pay it in any fashion they wish. I simply believe they had no cause, nor any right, to place this matter with a collection agency.
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Security Deposit vs. Collections?

Postby eochaidh94 » Tue Nov 22, 2011 3:26 pm

Do you still have a copy of the letter outlining your $300 charge and receipt for such? Is $300 the amount that the collections agency is claiming? If so, call them up and inform them that the matter has already been handled. I would call the apartment manager, too, and ask what happened. It seems everything was handled appropriately, and you are supposed to receive notice and a chance to absolve the debt before being sent to a collections agency. They should reverse the claim and take it off your credit report.

It is strange to have both the tenant and co-signer pay a deposit, which I'm sure was "Linkus"s confusion.
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Security Deposit vs. Collections?

Postby eorl » Tue Nov 22, 2011 3:33 pm

I understand your frustration but you are forgetting one key issue. Per the lease the defaulting tenant automatically forfeits the security deposit such that the $300 bill for damages could not rely upon the security deposit to resolve the debt. The mis-communication was forgetting to include that detail in the correspondence.

Good one about Guantanamo Bay!
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