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Apartment damages bill, what can I do about it?
I moved out of a HUD apartment a month ago. Got a crazy bill for over a thousand dollars claiming I did damages and they had to replace the carpet. None of it is true. I even have pictures from the day before I moved out where the place is neat and clean and there's nothing wrong.
They are claiming they took pictures three days after I moved out and that it was trashed.
I also have witnesses who saw that the place was neat and clean when I left.
I can't find a lawyer to handle it because I have no money for one. Legal aid is useless here. They never return my calls and don't do a thing. I called half a dozen local lawyers and all of them said they no longer handle landlord tenant issues, others wanted hefty fees that I can't afford.
The building manager and HUD are harassing me and want me to pay almost a hundred dollars a month for this. I can't afford that and I told them I will not agree to anything I cannot afford. They even threatened to pull the whole amount out of my bank. I had to put a stop payment on it. It would have bounced everything.
What can they do to me since this is HUD, and I moved into a different HUD owned property? And how do I get a real lawyer when I'm this poor and legal aid doesn't seem to work here? They never return calls and the few dealings I've had with their legal aid office, they never did a thing for me. I don't know how to get anyone else to represent me.
I got a hold of the legal aid lawyer and have an appointment. I never thought I would get through to her. I still think I'm going to lose because my pictures don't show everything in the place. All I can prove is the day before I moved out, there was nothing wrong. But at least now I'll have a lawyer to help with a payment plan instead of having them bully me into something I can't afford. Thanks for the answers.
6 Answers
- MoonWomanLv 76 years agoFavorite Answer
Keep your photos and your witnesses. Close your bank account as soon as possible. Then get a new account. If they want to take you to court let them be the ones who flip the bill. You have your proof and witnesses.
- babyboomer1001Lv 76 years ago
If you have no money, then tough luck. It is not that Legal Aid does not work where you are. They do not provide money to people in disputes such as yours. If you refuse to pay, they can sue you and if they win, they will find a way to collect from you and you will end up owing a whole lot more than what they say you owe now. However, they will have to prove the damages - that you trashed the place and you have your witnesses as to leaving the place in good condition. If they sue, you can also check - if you know how - into their history - whether they have pulled this scam on prior tenants. That will help your case and could result in an assessment of punitive damages against them. Your choice how you want to handle it. Since you know the place was clean and without damage, stick to your guns and hope that they back off. Telling them you have no money or cannot afford to pay is not so wise. It is admitting your guilt and having an excuse to not pay. You need to stick to the issue that the place was clean and you are prepared to defend yourself.
Source(s): Certified Paralegal, with 25+ years' experience, with Landlord & Tenant law experience. - loanmasteroneLv 76 years ago
How are your pictures different from those taken by the landlord three days later?
Normally HUD would inspect the rental unit for their next tenant they would want to place in the rental you just vacated.
It appears as if HUD is taking the side of the landlord and seeking you to pay damage fee. HUD normally is the agent that would mediate damages and how a unit is cleaned by the former tenant.
It is sort of strange that none of the attorneys you spoke with would not take an active interest your case. There are some attorneys that would take the case at no cost to you. This is called Pro Bono. All attorneys are required to do a certain amount of these cases during a certain time frame.
Many would at least sit down with you for about an hour giving you some idea as to if you have a legal case that is defend able or not. Some attorneys like the idea of being the underdog and would take your case.
The other concern I have is you were declined by the local legal aide society. This agency's sole existence is to provide legal information to those without funds to legally defend themselves. IN some cases they would go to court, or write letters on your behalf. They did not return your call.
In cases where the damages or law suit is for less than $5000, your case would go through small claims
court, and you will not need an attorney if you are sued, by the landlord. Lawyers are not allowed in small claims court on either side.
You would want to keep all the pictures you took, with the date on them to prove your case in the event you would be sued by the landlord and it looks as if HUD is after you also. You might want to get a statement from your witness in the event you are sued and your witness is not around. You would want to et this statement
notarized.
You might consider speaking with the local landlord tenant advocacy group. In most cases this agency would provide legal information to you at no cost to you. In order to contact this agency, you would need to Google for this agency followed by the city and state in which you reside.
Since the property manager and HUD think you damaged the rental unit they have a legal right to call you and request, you pay for the damage or set up some type of payment plan.
You might be putting yourself in a position that you would be removed from residing in an apartment that is
subsidized by HUD. You could lose your benefit, unless this situation is settled.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- MaxiLv 76 years ago
You write a letter to them, along with a copy of your photographs and register the letter so you know and can prove they received it. Informing them there was no damage and the photos prove that, that you have an independent witness if required who saw the apartment on the day you moved out and that threatening to take money you have not authorised nor owe from your bank account is illegal.
Then you wait and if they wish to pursue you then they will need to take you to small claims court where they pay the legal bill where you have a chance of proving to a judge that you left the place clean and undamaged
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- Girlie ElectricsLv 76 years ago
Why do you need anyone to represent you?
It's not a legal nuance. Its their word against your pictures and witnesses.