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Author: setagel One star, 50 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308722  
Subject: Need suggestions for disputing rent Date: 8/13/2002 8:36 PM
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Ok, here's the scoop: back in January, my dear BF moved. He gave proper notice to his apartment complex, paid 1/2 month rent at the beginning of the month (for a mid-month move-out), vacated the apartment in a timely fashion, and went about his life.

The situation: the apartment complex apparently did not receive BF's notice, nor did they take note of the 1/2 month rent, and therefore believe that BF's "notice" was his return of his keys, parking permit, garage opener, etc. They've decided he owes an additional month of rent, and have sent his account to collections. According to many sources, this apartment management company is a bunch of sleazebags and therefore it is no surprise that they failed to give BF any notice of "failure to notify to vacate" and just sent the case to a CRA.

What's happened: CRA contacted BF several months ago (probably May, BF is something of a scatterbrain and didn't pay much attention when 1st contact was made). He verbally disputed charges on phone with CRA and instructed them not to contact him by phone, but took no action to contact apartment complex. [Well, at least he's not getting hassled.]

Fast forward to July/August: BF receives additional notice (in writing) from CRA. I step in, take charge, and will hopefully solve this mess without having to send any *nasty* letters. I can be forceful without being rude.

Steps taken: a nice, succinct cease & desist is on its way to the CRA, noting that he is disputing the charge and he will not deal with the CRA on any matter relating to this account. I'm composing a letter to the apartment complex, to include the date on which notice was first given, as well as subsequent actions taken. [If there are any letter templates floating around the board that cover this type of dispute, please feel free to send them my way].

So that's that. I know BF gave timely notice, so it's just a matter of convincing the apartment complex that notice was given in a timely manner. My concern is that the written notice was faxed to the complex (and knowing BF it was a hastily scrawled hand-written notice that they probably couldn't read). Does anyone know what some of the legal ramifications might be (we're in CA)? I strongly doubt that BF can produce physical proof of the original notice (although we can certainly show the date on which the 1/2 rent check was cashed), so it boils down to an "us vs. them" scenario.

Any suggestions?

Sarah
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