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Aparment Complexes and Collections Agencies


Carolina Husker

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My girfriend moved out of her apartment earlier this summer. They've been hounding her since to pay a $250 "pet dander fee" that is not in her lease agreement or any other documents they can provide.

She already paid a $25 a month pet fee and a non-refundable $250 pet deposit. And because I told her to tell them that they need to produce this "pet dander fee" agreement which doesn't even exist, they said they're turning it over to a collections agency.

If they do that, what is the recourse to dispute it?

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You could dispute it with each of the three credit reporting agencies and have them, well, let's face it, they aren't going to fix anything without a lawyer most likely.

Your only real options are: 1) pay the $250 and take the lumps or 2) let them know that they will hear from your lawyer, then hire a lawyer, provide the lawyer with the lease agreement and have him/her contact the agency. Both ought to cost about the same.

Or take the ding to your credit report, have some morons from a collection agency call you until they get tired of doing it. Of course, then they will sell the debt off to someone else, who will then call and call and call.

Pay them or pay a lawyer. Modern life, ain't it grand?

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All great ideas.

Little does this place know that I have some fairly destitute friends who, for a six-pack and a fraction of the money they say she owes them, will cause a shocking amount of damage to the entire property.

I'd hold off on this approach.

Here's what I'd do.

Call them up and apologise for not having this paid. Tell them that you want to pay it and make everything right. Get the name of the individual and kill them with kindness all the while explaining that you are willing to pay the fee.

Ask to set up an appointment or time to meet this person because you will "be in the neighborhood and want to drop off the check". When you get there, continue to kill them with kindness. I'd even go so far as pulling out my check book and act as if I'm going to write the check. Then, right before you put pen to paper, say "Of course, I need you to show me in the lease agreement where it covers this fee". Make sure you have your copy with you, but don't reveal it to them. Make them go through their files to product it.

If they can actually produce it, get them to make a copy of it. Compare it to your lease. If it's different from yours, tell them so and say you have to have your lawyer look it over. (It will at least buy you time before they report it on your credit)

If they can't produce it, just say "I'm sorry. I can't pay this fee if I didn't agree to it when I signed the lease and it's clearly not on the lease. If you would like to dispute this, we can have it handled in court, but I'm pretty sure there isn't a court in this country that would make me pay a fee like this when it's not on the lease that I signed." (all the while killing them with kindness)

This could save you the lawyer fee and get them to see by their own paperwork that they don't have a leg to stand on. All at no cost.

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