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Updated about 13 years ago on . Most recent reply
![Michael Seeker's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/72927/1621414711-avatar-msiekerka.jpg?twic=v1/output=image/crop=373x373@57x58/cover=128x128&v=2)
Large rental company, crazy fees
Just looking for some thoughts on this situation, kind of from the opposite viewpoint of what we normally see on BP.
My g/f just moved out of her apartment and got a friendly letter in the mail a few days ago saying she owed 2x what she actually owes. Here's the breakdown:
Lease break: 800
Cleaning and water bill: 100
Undocumented pet fee: 500
Carpet replacement due to undocumented pet: 500
They saw my g/f walking my dog somewhere around the complex one time and sent her a letter saying she had to sign an addendum or remove the dog immediately. Failure to do so could result in up to $500 penalty.
The dog didn't live there, so she just ignored this letter and shortly thereafter gave them notice she was moving out. The same lady that sent the pet notice to her signed her move-out papers with her and never mentioned anything about a pet fee. A different person did the walk-through with her and didn't mention anything about the carpet needing replacing or a pet fee.
They sent pictures of the underside of the carpet after they had pulled it up and there are numerous stains of various sizes. The carpet was not new when she moved in, and she had the roof leak a significant amount in 3 different areas.
She already responded to them pointing out these facts and saying she will not pay the erroneous charges.
I am telling her to hold fast as there is no way their case would hold up in court. What do you guys think?
What is the likelihood they'll take this to court over $1000 when she's agreeing to pay the other fees without any argument?
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![Joel Owens's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/51071/1642367066-avatar-blackbelt.jpg?twic=v1/output=image/crop=241x241@389x29/cover=128x128&v=2)
It all comes down to documentation and who presents better in front of the judge.
If they do not get a judgement with the eviction for a certain amount then they will have to take here to small claims court.
A judge there will issue a verdict and amount to be paid.The courts do not enforce a judgement.The owner or manager company would have to.They can file a FIFA to show on credit and go after wage garnishment and bank levy if they are granted it.
Customs vary by state.No legal advice
- Joel Owens
- Podcast Guest on Show #47
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