Can I stop my landlord’s claim for damages from being sent to collections?

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Can I stop my landlord’s claim for damages from being sent to collections?

My landlord provided an itemized but definitely not detailed list of charges they were demanding for damages to my apartment; this was 4 months ago. I replied in writing stating some damages were false and others were exorbitant. I enclosed a check for damages and charges I agreed with. I stated in the letter I considered this payment in full for my obligations and to please contact me if there were outstanding issues and to provide proof of charges if this payment was not acceptable. They cashed the check 3 1/2 months ago. I received a letter on the 6th of this month stating they are sending the account to collections. Do I sue in small claims court? Do I wait until it goes to collections then sue? How much do I sue for?

Asked on January 16, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the landlord is sending a claimed account owed him to collections for an amount allegedly owed him which you dispute, the only way to prevent collections from receiving it is to pay the full amount claimed owed to the former landlord.

If you truly dispute the amount claimed owed by the landlord, your recourse is to have the collections complany sue you and you defend the claim in court. Far too many former landlords try and pressure a former tenant into paying money that might not be owed by threatening to submit an amount claimed owed to collections.

From what you have written, you have nothing to sue for since you wrote that you sent a check stating that the check sent was for payment in full for the claimed damages.

 


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