Sunday, October 11, 2009

How do I get this item off my credit report, and deal with my landlord?

Help! We moved from one state to another. Landlord did not do inspection after we moved, even tho we asked, so I took video. Sent us bill for various items. I disputed light bill, they admitted overcharging, and adjusted. They Insisted we broke blinds, which we did not, and that we did not clean baseboards. Charges went down to $38, which i still refused to pay - I had a team in there cleaning, left the place spotless. Next I knew, they reported to Credit report. Would love to sue them to court - have lots of evidence, even letter from apartment owner saying we are great tenants, but then I'd have to fly back to Texas. Disputed item in Credit report, but after investigation, it remains. Its a matter of principle - I do not want to pay the money (I can afford it) becasue they do that to everyone, and I KNOW I would win in civil court. So, who can I report them to, what can I do, or should I just leave the item on the credit report and ignore it? We found out when renewing car insurance!

How do I get this item off my credit report, and deal with my landlord?
You're right, you don't owe that money. You don't have to take them to court, just threaten that you will. Here's something similar to what you should say:





Depending on how long you've occupied an apartment, there are normal levels of 'wear and tear' that are not your responsibility to pay for. Dirty baseboards are normal, some stains on the carpet, maybe even a small amount of retouching on the paint is acceptable. The only way they could have put it on your credit report was if they took it to their attorney, who I am shocked would do a Judgement on Proof (proof of the money that you owe) on $38. In Indiana, the minimum is $75 (including attorney's fees for the plantiff).





In short, if you go to court, you will win. You can always dispute it on your credit report later, also. In your video, did you happen to film the newspaper headline w/ date on the day you took it? That would have been a good idea, no biggie if you didn't. Explain to them that you have proof and are not afraid to take this to trial. Most complexes would back down.
Reply:I'm not saying this to be a jerk--- it's advice for the future.





Sometimes in life you get screwed over a little. If you can avoid being screwed over a LOT, you're doing better than average.





Sometimes you have to be willing to eat a cost, even though "in principle" you are totally in the right. This is such a case.





The landlord has the right to inform the credit agencies that you have an unpaid balance and are refusing to pay. Only a vindictive jerk would do such a thing over $38. But to protect yourself from such jerks, sometimes it's just better to pay the $38 and chalk it up to experience.





I have a client from this year who refused to pay about $1200. I can do some legal stuff and collection stuff to force payment, but it will cost me $500-600. It will also cost me time (going to court, etc.) In the end, I can make more money by spending my time doing another project than I could make pursuing this deadbeat. So I'm eating $1200, even though in principle I am 100% correct. Emotions aside, I will make more money letting it go than I will make pursuing it.





It's a bummer this happened to you, but my advice for next time would be to eat the $38 and move on with your life. You can see what a pain it's going to be now to get that removed from your credit. (By the way, I think it's only three years until that will drop off your credit, and it will show on your report that it's a claim for only $38 so most banks aren't going to care anyway.)





Good luck to you.
Reply:well it is the principal of the thing if you are only talking about $38.





That is annoying, but it's not going to ruin your credit. Move out inspections can be tricky, but generally speaking if you were in the unit at least a year, the things you mention would most likely fall under normal wear and tear.





I managed an apt. building for several years in California and I can tell you that people have a huge range of what they consider to be clean. But, unless it was horrible, they'd get their money back. In 8 years the only person who didn't get their deposit back gave me 3 days notice and moved to Japan and left all his sh*t in the apt. for us to dispose of.
Reply:I would contact the previous landlord by certify mail let him/her know that he/she needs to contact the three credit bureas and the court they received the judgement from and state that the balance is satisify. Explain all the evidence that you have. In the meantime you contact the three credit bureaus and let them know there is a dispute with your credit report. Put that in writing too.


www.realestaterelocatorsandmore.com
Reply:try sending a letter to the states attorney general's office


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