Does a Landlord's claims mean obligation to pay?

If you let it go, you will end up with a default judgment against you. Counter sue in landlord-tenants court for harassment, if you’re really angry.

I don’t plan to let it go. I plan to send the collection agency a certified leter in dispute (as theirs has instructed me to do so).

I am just wondering what are my chances of winning the dispute, say it came down to court. We both have no proof. I would think the burden of proof should be on them since they are the plantiffs.

Our Judi might have pertinent experience. She owns rental properties.

Did you have a security deposit when you first started renting?

When did you move out of the apartment?

$60 is a small price to pay for peace. Collection agencies hound you. The landlord has the power to file against your credit report and it will cost you a lot more than $60 to fight all that. Is it worth it? Some people take a stand on principle, but for me, it would be easier to just give them the $60 and let it go than to try and prove I’m right. I am a landlord of 4 rental properties and I use the same mentality with my renters, sometimes the fight is not worth the reward, weigh your options against the cost.

I don’t have $60 and I don’t intend to hire a lawyer. They were doing this to EVERYONE,because 99% of them WILL pay. I will be the 1%. The only thing it will cost is some time.

The case seems straight forward. He has no proof I damaged anything. Dismiss!

It just seems unfair that a company can make up charges and I should be obliged to pay them?

Oh my god dude just pay the $60 and be done with it. It’ll cost you more to fight it.

This question is asking for advice on how to fight it. I don’t fucking agree that this company can just charge everyone anything (they have done this to many people) they want simply because they are a company. They can’t prove anything and I will not pay them. It is fucked up. The complex sucked, and then they pull this kind of shit. When people don’t pay them, they pull out the threats right away. This should work both ways.

So far I have gotten this payment differed for about 9 months before they even sent it to collections. What do you mean I am getting no where?

Please do not give me “It’s not worth the cost.” I will price it out and determine that for myself. Please answer my question. When you barely have a job and go to school full time, $60 is a lot. To all who say just pay, I will gladly accept your donations. I take paypal. PM for email

EDIT: There was no security deposit btw. They simply billed me move out charges.

The landlord’s claim is not proof. If he doesn’t have pictures, it is your word against his. Then it is just who the judge believes most.

Did the landlord return your security deposit when you vacated? Did you get written notice from the landlord? Check your local ordinances. Most are written to protect the tennant, if you didn’t get notified in the proper amount of time, through the proper channels he has no case.

I was once sued by a landlord for a place I was essentially “crashing” at. What happened was that the primary tenant (the leaseholder) invited several others to live with him to help defray the rent and save us all some money. (I was young and foolish—more foolish—then and didn’t even recognize the unfairness of this. Unfairness on the part of the leaseholder and friends, that is.)

The landlord learned what was going on and summarily evicted the leaseholder and all of the unauthorized occupants. By this time we clearly knew that we were in the wrong and all made arrangements to leave the apartment within a week of the notice. The landlord had an eviction notice hand-delivered to the door, and I was the one who answered the door. I gave my mailing address (I was such a polite kid) and within a week or two I had a summons from the local court and request for summary judgment from the landlord. I was being personally (and solely) sued for the remaining term of the lease until the eviction should have been effective (two months, I think) plus all ‘normal wear and tear’ damages.

My response, written without an attorney (I was really foolish in those days) simply stated that I wasn’t the leaseholder, so I didn’t think that he had a claim against me for damages / wear and tear that occurred (or may have occurred) prior to my occupancy, and that I was not responsible for any outstanding damage items. As for the lost rent, I merely answered that we were in agreement with the violation, and we had immediately vacated the premises upon notification, so “lost rental income” was a paradoxical demand from him.

Case dismissed.

My point is: A claim is just that “a claim”. If you document and properly respond with a truthful and effective response (and perhaps a counter-claim if you have one), then anyone making a disinterested judgment can evaluate the two claims and say yea or nay. (You should have a “condition report” on the property that documents the pre-existing rug stain, for example, or you have nothing. The landlord should be making his own proof of his claim of damage to the blind.)

I don’t think I’d bitch too hard about a $60 charge these days, though. That’s hardly worth the trouble. But it would be a good idea to put a stop to future claims arising from the same source.

Have fun exploring the world of bad credit over a $60 dispute.
That idealism should go over really well next time you apply for a loan or a credit card.