Eviction Notice

[dyjysyjw]

(kentucky) I was evicted Dec 2000 for late payment (i sent in the payment with the late fee included but it was returned). I moved out immediately, returning the keys before the date of eviction. a few weeks later the apt sent me a letter stating numerous damages (which were bogus). I requested an itemization of these damages, which i never received. Now, (a year + later) i receive a letter from a collection agency regarding these damages. What can i do?

 

[happy&lucky]

PAY IT........

Sorry man, but this is going to be en expensive lesson in Life Skills.

You were NOT evicted......You got a letter stating you owed money and to pay it. YOU DIDNT Pay it ...you LEFT!!!!... Did you have a lease?

And You have NOTHING in writing, so the landlord sued you in court , got a judgement and turned it over to a collection agency.

If you had moved yor asss a little and went over to the complex and got things in writing, maybe you could have avoided this. but you are lazy.

N u iz frum kintuckie, not known for edujkatin der peeps.

 

[dyjysyjw]

let me be a littler more clear. I did contact the apartment complex, they refused my payment and told me that i was evicted, no ifs ands or buts. They have not received a judgment against me, i checked with the court.

 

[dyjysyjw]

and by the way Happy....i think you are rude. i would appreciate it if you DID NOT reply to my message

 

[happy&lucky]

so what...you left.....

why did you leave? Did you have a lease? Or were you a month to month tenant? these are the important details...


Dont you know anything about a little known country called America?

You have a right to a fair hearing in a court of law, but you left.

Plus you are from kintukie ....dont you know how to deal with REDNECKS, BOY?

You cant be locked out or have your stuff thrown out or have the utilities turned off.that is Illegal.

But what is legal is for them to assume you are a wimp and a loser and demand you leave.....

and you did. Anyone else would have stayed, since they would have to evict you in court.

You can write a letter send it ceritfied mail return reciept, the the collection agency claiming the landlord is trying to defraud you, and you will not pay anything until you are taken to court and have a judge decide if you owe the money, that is your right as an American!

 

[dyjysyjw]

yes, i had a lease agreement which was self renewing...i was already in the process of buying a place, therefore i wasn't going to renew my lease anyway. but i wanted to stay current on my rent. And Happy.....again, why do you have to be so rude? Inferiority complex maybe?

 

[JETX]

Looks like old 'happyroach' is back up to his old antics... insult the hell out of someone and get his message ignored... even if there were a grain of truth in it.

So, let me try....

As I understand your post, you failed to pay your Dec 2000 on time and, when you tried to pay it, you included the 'late fee'. For some reason (not disclosed), the landlord refused this payment and delivered a 'notice to vacate'. You then took this as an 'eviction order', you vacated the apartment. So far, we have no problems.

Now, the issue becomes that at some point, a few weeks after your vacating the apartment, the landlord sent you a list of 'claimed' damages. You disputed the list (do you have the proof of receipt.... you did send it certified, didn't you?).

Here is what the Kentucky statutes say:
"383.580 - Security Deposits
A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (3) of this section may bring an action in District Court. Tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of subsection (3) of this section, or except as
otherwise provided, and if the tenant shall fail to sign the listing or specifically dissent in accordance with subsection (3) of this section, the tenant shall not be entitled to recover any damages under this section."

To read the ENTIRE landlord-tenant Act, click on:
http://162.114.4.13/KRS/383-00/CHAPTER.HTM

So, to answer your question, "What can i do?"
1) You can pay the amount claimed. (If you had handled this properly at the time, you might have been able to challenge this. But, since you didn't, you really have little recourse to challenge the claim. If you do decide to challenge it now, Kentucky statute requires that the landlord do specific things that, if violated, could help your case. Read the Act at the above link).
2) You can refuse to pay the amount claimed. The landlord could then sue you and get a judgment, allowing him the additional benefits of enforcing the judgment against you.

 

[MySonsMom]

Here is what the Kentucky statutes say:
"383.580 - Security Deposits
A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (3) of this section may bring an action in District Court. Tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of subsection (3) of this section, or except as
otherwise provided, and if the tenant shall fail to sign the listing or specifically dissent in accordance with subsection (3) of this section, the tenant shall not be entitled to recover any damages under this section."

To read the ENTIRE landlord-tenant Act, click on:
http://162.114.4.13/KRS/383-00/CHAPTER.HTM

Halkit- Do you have a link for Iowa? I could really use the knowledge....Thanks in advance.

 

[JETX]

Normally, I would not respond to a 'piggy-back' message (on someone elses thread), but this will take less time than reposting elsewhere....

Iowa Landlord-Tenant Law
http://www.ocass.iastate.edu/562A.htm

 

[MySonsMom]

Normally, I would not respond to a 'piggy-back' message (on someone elses thread), but this will take less time than reposting elsewhere....

Iowa Landlord-Tenant Law
http://www.ocass.iastate.edu/562A.htm

Halket,

Thanks for the exception.

MSM