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Can my landlord send me to collections, if so when? OR does she have to take me to court first?
I live in Washington State- please only respond if you know the laws in this state. I read somewhere that if a landlord charges you more than your deposit after moving out, they have to take you to court to get it back and can't bill you the remaining. However, i can't find the web page anymore, so im not such if im remembering it correctly, nor do i have proof.
My landlord is charging me $67 over my deposit. My deposit was $300 and i believe i am owed some monies back because i did leave the place very clean, so i am against forking over the $67 they want. The problem is the charges are too much. I moved out on March 30, received the estimates of charges in the first week of April and I received a call yesterday April 19th that if I do not pay them they will send me to collections. Can they send me to collections or do they have to take me to court? Or can they do both? If they can report it, how long do i have to pay them before they have the right to report it to a collection agency? They don't deserve any more money from me after what they put me through. But i also don't want to go to court over $67 + the hassle, nor want a collection agency/credit bureau to have a debt showing of only $67.
Also, they never sent me any receipts proving they had the repairs done. They sent me estimates of what it would cost them to get it done. Anyone can get an estimate and chose not to get the work done, forward me the estimate, and bank on my money. What gives them the right to send me to collections when they havent proven they paid anything?
Why do idiots respond, i swear! This is about whether or not the landlord has a right to take me to collections-- NOT a matter of how many hours i work to be able to pay a "measly" $67. Principle. People can't just do whatever they want to mess up your life. There are rules. I am trying to figure out what they are.
Here we go again...It is --NOT-- just my responsibility to prove that i do not owe them. They have to prove their charges are LEGIT. You just can't give someone a bill and NOT PROVE that they owe you that amount.
I just looked it up on the internet. The landlord must given you a written explanation of why he withheld your deposit or charged you additionally within fourteen days of the end of the lease. He is also supposed to do an inspection and fill out an inspection report. If he fails to do so, he must return the entire amount of your deposit. So, if I were you, I would take him to small claims court. You can't just send someone a bill and say, "You owe me this money."
Source(s):3 years ago
WOW, you are willing to ruin your credit over chump change?? Its $67 bucks....that is what...3 hours of work??by Ryan M - 3 years ago
Soooo ... don't pay the $67 and let your former landlord ruin your credit. He will do just that, you know. It is not expensive at all to have a collection placed on your report; a LOT less than the $67 you owe,
Doesn't seem very smart on your part to ignore the bill, now does it? Pay the money & move on with your life.
Source(s)by R P - 3 years ago
They don't HAVE to take you to court. They only take you to court if you don't pay and they feel like suing you.
Did you ASK for the receipts? It is YOUR responsibility to prove you do NOT owe them.
Aren't you rude?
They are not idiots. They are good people who honestly are trying to help you out.
The landlord has to send you a bill and give you 30 days to pay.
If you do not pay after 30 days they can send you to collections for an unpaid bill.
Going to court will allow them to garnish your wages for their money, which they can not do without a court order.
Ask for the receipts to prove how much the landlord paid. Most likely you will see that you do, indeed, owe the $67. Obviously YOUR definition of "very clean" is different that the landlord's definition.
If you don't pay what you owe, they can send your account to a collection agency if they want. If you don't want the hassle of going to court, pay the $67.
Here is a novel idea! Look up your state statutes on landlord/tenant laws and READ THEM!!!! Then you will know what your former landlord can do and you won't have to ask the "idiots" on Yahoo Answers.