My question involves landlord-tenant law in the State of: California
In August of 2015 I moved from my previous apartment complex. I never received either and itemized list of damages/repairs or my security deposit back from the property with 21 days as required in CA. The previous owner had my forwarding address and even if not of they had mailed it to my old address it would have been forwarded to the new. In October I received an alert that a new collection was on my account for nearly 5,000. The origional creditor was listed as my previous landlord. I called and demanded to know how they figured this debt but was refused additional information. I filed a complaint with Consumer Affairs and disputed the debt eith the credit bureros. The debt remains on my report simply because the current creditor sent only a copy of my lease agreement as proof to the credit bureros.
In January I mailed a demand letter certified to the origional owner asking that the debt be proved. FINALLY they sent something however, it was only 2 photos of a dirty carpet(no stains) with a note saying the whole thing needed to be replaced for pet damage. (I did not then nor do I now own a pet!) They also sent a few inconsistant invoices. One from themselves saying the carpet replacement for 2 bedrooms a hallway and a dining room cost 2k. Another from the flooring company that says with labor the cost was only $800. A third invoice from the same flooring company says that wooden planks were placed in the kitchen, bathroom, dining room and laundry area which is funny because the carpet invoice from the same day says there was carpet laid in the dining room and laundry area.
I have pictures of the apartment and carpet on the day of move out, I also have pictures of the newly renovated apartment thanks to friends who still live in the complex (the upgrades were very nice much nicer than what I had). Because of this debt I have been denied housing, denied credit and may become homeless for something I did not do. The stress of not knowing if I'll be able to put a roof over my kids heads soon has become so bad I have been placed on anxiety medication.
Do I have a case at all if I were to take it to small claims?
In August of 2015 I moved from my previous apartment complex. I never received either and itemized list of damages/repairs or my security deposit back from the property with 21 days as required in CA. The previous owner had my forwarding address and even if not of they had mailed it to my old address it would have been forwarded to the new. In October I received an alert that a new collection was on my account for nearly 5,000. The origional creditor was listed as my previous landlord. I called and demanded to know how they figured this debt but was refused additional information. I filed a complaint with Consumer Affairs and disputed the debt eith the credit bureros. The debt remains on my report simply because the current creditor sent only a copy of my lease agreement as proof to the credit bureros.
In January I mailed a demand letter certified to the origional owner asking that the debt be proved. FINALLY they sent something however, it was only 2 photos of a dirty carpet(no stains) with a note saying the whole thing needed to be replaced for pet damage. (I did not then nor do I now own a pet!) They also sent a few inconsistant invoices. One from themselves saying the carpet replacement for 2 bedrooms a hallway and a dining room cost 2k. Another from the flooring company that says with labor the cost was only $800. A third invoice from the same flooring company says that wooden planks were placed in the kitchen, bathroom, dining room and laundry area which is funny because the carpet invoice from the same day says there was carpet laid in the dining room and laundry area.
I have pictures of the apartment and carpet on the day of move out, I also have pictures of the newly renovated apartment thanks to friends who still live in the complex (the upgrades were very nice much nicer than what I had). Because of this debt I have been denied housing, denied credit and may become homeless for something I did not do. The stress of not knowing if I'll be able to put a roof over my kids heads soon has become so bad I have been placed on anxiety medication.
Do I have a case at all if I were to take it to small claims?
Credit Reports: Can You Sue Your Landlord for Falsely Reporting a Debt on Your Credit Report
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