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Its more a question about like renters rights like if an…

Its more a question...

Its more a question about like renters rights like if an apartment complex can really do this to me and how to fight it

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

So I have sent a letter saying that I don't take responsibility and sent a complaint through the bbb but its through collections since they sent it their but ill explain what happened

Lawyer's Assistant: Where is the apartment located?

So December 2016 I applied to live in an apartment complex and in the application was the lease which I didn't realize at the time but so you couldn't apply to live their without signing the lease. and after I applied they told me that my grandma doesn't make enough to be my guarantor and without a guarantor I couldn't move in and so that was that ...8 months later they contact me for move in and I told them that they said I couldn't move in and they said they have no record of that... so they said I owed 11000 for the apartment since I didn't move in, and when I asked for all the papers they said all they have was the online signed lease cause they got new owners and lost all the paperwork in sacramento ca the foundation apartments I never paid a deposit or hold or anything never lived their a day in my life and they also have filled all the two bedrooms

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Basically I never paid to have that spot and im wondering can they charge me if they filled it and how do I proceed cause this has caused me a lot of problems with my credit like is this even legal

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Customer reply replied 1 month ago
I just feel like this isn't legal... I. haven't stepped foot in those apartments and never paid any sort of deposit... I just need help figuring out how to proceed
Answered in 25 minutes by:
7/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,372
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

So, if I understand, you never lived in this apartment because they denied you and yet they are charging you money for breaking the lease?

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Customer reply replied 1 month ago
basically
Customer reply replied 1 month ago
they want to charge me for the year and I've never lived their
Customer reply replied 1 month ago
I can't afford 60 dollars

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request.

So, generally, if you never lived there, and if they denied you staying in the apartment, then there was no breach of contract meaning you shouldn't pay this. In fact, you may need to turn the tables on this company for their actions because it's likely they are violating California law.

This seems like an issue of unfair business practices which could give you some compensation if you were to bring a lawsuit.

1.To establish that there was an unfair practice, there must be a representation, omission or practice that is likely to mislead the consumer;

2. The representation is examined from the perspective of a consumer acting reasonably in the circumstances; and

3. The representation, omission or practice must be material enough to affect the consumer’s conduct or decision, even though no actual reliance is required.

You may not want to consider a lawsuit at this stage as there are often government and non-profit resources that may help. You may want to consider your county's BBB chapter or the California Attorney General’s office. Both of those organizations are dedicated to fighting fraud by businesses and if you run through the analysis above, then they can probably provide more help. The AG's office here in CA is very strong and I think they could provide you some help. This is clearly a mistake or fraud.

Because I value input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
I already submitted a complaint through the bbb im just so irritated cause this is causing me a lot of problems and im already struggling to put myself through college

I certainly understand. I would try the CA AG's office as well. If you click here, you can file a complaint..

You may want to consider just writing a cease and desist letter advising them that they cannot collect on this since there was no binding agreement and that if they continue collection efforts you will contact the AG's office and bring suit in court. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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Customer reply replied 1 month ago
they told me that the lease was a law binding agreement, so how do I prove that wrong
Customer reply replied 1 month ago
like and the lease that they have the signature isn't even on the line its at the bottom

Don't worry about proving them wrong yet because you're not in court; however, a court would consider the fact that:

1. You never moved in.

2. They never submitted an eviction notice for non-payment of rent

3. They told you that you wouldn't be accepted as a tenant.

4. You never paid any rent.

Accordingly, save any documentation that you have that suggests that you aren't on the hook with this. I don't believe a judge would ever have you pay this.

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Customer reply replied 1 month ago
how do I take it to court
Customer reply replied 1 month ago
because their lawyers said that I can't take it to court
Customer reply replied 1 month ago
that its not an option

They're lying to you. You could take it to court if you wanted to. You could go down to your local civil court and file a small claims action against them for fraud, in addition to contacting the AG's office. Because your performance and their performance suggest that there was no binding agreement, and the fact they are trying to charge you would be considered fraud. Please don't believe what they're saying about that. Essentially, you would argue that they are trying to defraud you by asking for this $ that they are not entitled to.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,372
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
okay I will try that but since they sent it to collections, the collection agency is now in Atlanta Georgia and I live in California
Customer reply replied 1 month ago
how would I go about that

I see. But if the fraud occurred in CA, then you could bring an action against them.

If you click here, you can file a complaint with the FTC regarding this collection of the debt or you can file a complaint with the Consumer Financial Protection Bureau (click here).

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Customer reply replied 1 month ago
okay thank you I will do all that

You bet!

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Customer reply replied 1 month ago
a couple more questions, does filing a small claim cost money and is their a chance for me to win without a lawyer because I can't afford one and like as far as filing a lawsuit is that going to cost and how do I do that

Sure thing:

1. Yes, it usually does cost money, but sometimes there are fee waivers you could apply for if you qualify financially.

2. Most people in small claims proceed without an attorney.

3. If you click here, you can see the forms needed for small claims in CA. It was developed by San Diego County, but those forms are good anywhere in CA.

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Customer reply replied 1 month ago
okay and what would I sue for like don't you have to sue in small claims like what amount
Customer reply replied 1 month ago
sorry I don't know much about any of this
Customer reply replied 1 month ago
what would I need to know like is there a way I can prove this is fraud and should I make copies of all the papers and stuff and is it worth taking it to court when it has already went to collections, like now its the national credit systems inc. contacting me ...

Hi, so, this is a slightly separate line of questions which is perfectly fine; however, if you don't mind, would you be okay clicking on my profile and opening up a new thread so we can chat about the small claims process. It shouldn't cost you any additional $ and it'll help the thread from becoming super long and hard to follow.

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Customer reply replied 1 month ago
its not letting me click on your profile... how do I do that

Ok, try clicking here

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Customer reply replied 1 month ago
its okay ill figure it out I tried that and it tried to send me to someone knew and charge me again

Yikes. Ok, let me see if I can answer your questions here then:

1. Small clams has a limit of $10,000.

2. You would have to make your case that they are trying to collect on an invalid debt because there was no agreement.

3. You should provide anything you have to show that you didn't live there (such as a utility bill from the place you were actually living) and anything that suggested that you were denied residency there, plus you can show any lack of eviction notices or attempts to collect on the debt previously.

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Customer reply replied 1 month ago
okay thank you

You bet!

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