Q: Can a landlord send a claim to collections without litigation first? Miami, FL
After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted me through email. Can a landlord send this claim to collections without litigation first? If so, what should I do next?
A: By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a written dispute of the debt by certified mail (or other method with proof of delivery). You also have the option of retaining an attorney to deal with them.
Bruce Alexander Minnick and Terrence H Thorgaard agree with this answer
A: Since this is a claim for reimbursement of alleged damages caused by you during the term of your lease the landlord is probably aware that the cost to sue you for the alleged damages is too great to make it worthwhile. So they are doing what a zillion other landlords, small loan companies, credit card companies and even some banks do: Threatening to "send this demand to collections." Advice: Unless the amount in controversy is very significant the landlord will likely not try to sue you--unless the try in the local small claims court. So save your money for that possibility.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
