Consumer complaint received 2018-03-05
Company: National Credit Systems,Inc.
State: SC
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
DISPUTE Client : XXXX XXXX  XXXX XXXX XXXX Client Account Number : XXXX XXXX Account Number : XXXX I, XXXX XXXX XXXX XXXX dispute the {$5000.00} credit lien placed on my credit by XXXX XXXX . In South Carolinas Landlord Tenant laws SECTION 27-40-310 sets forth the terms, conditions of rental agreement and what is to be included in the rental agreement ...

Section 27-40-310 ( a ) states a landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. 

( b ) In absence of agreement, the tenant shall pay as rent the fair-market rental value for the use and occupancy of the dwelling unit. 

( c ) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day. 

( d ) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month. 
In South Carolina the lease or rental agreement should spell out your landlords key rent rules, including : the amount of rent ( there are no limits to how much a landlord can charge in South Carolina since there are no communities with rent control in the state ) where rent is due ( such as by mail to the landlords business address ) when rent is due ( including what happens if the rent due date falls on a weekend date or holiday ) how rent should be paid ( usually check, money order, cash, and/or credit card ) the amount of notice landlords must provide to increase rent the amount of any extra fee if your rent check bounces, and the consequences of paying rent late, including late fees and termination of the tenancy.

State laws in South Carolina cover several of these rent-related issues the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.

Rent is legally due on the date specified in your lease or rental agreement ( usually the first of the month ). If you dont pay rent when it is due, the landlord may begin charging you a late fee. South Carolina state law does not cover late rent fees. If your lease or rental agreement does not say anything about late fees, your landlord may not impose one, no matter how reasonable it is.

Termination Fee In the two-page leasing agreement provided by XXXX XXXX does not address the amount or calculation of early termination fee. Therefore, in contract law, if it is not specified and agreed upon in the agreement, it isnt binding. There was no agreement on what the early termination fees would be if any there would be any, therefore I am not bonded to the {$3400.00} that was assessed. Even if one argues that a landlord is entitled to damages equal to the amount of the rent payment for the months the unit remains empty before a new tenant moves it ; the area the XXXX XXXX is located is a well sought after area. When we applied, there was a wait list building. There is no documented evidence that it took three ( 3 ) months plus the 30 days we were in the unit to re-rent the property. The ledger indicates that the landlord was given a 30 day notice prior to us moving out. She, in essence, had four ( 4 ) months to get that unit rented. The amount charged is not equal to three months rent. There is no documentation as to how this amount was calculated. Being that the area was well sought after ; the landlord has the obligation to mitigate their damages. There is no evidence that it took three ( 3 ) months plus the 30 days we were in the unit preparing to move with her knowledge of such fact, to rent this unit. For all we know, she could have rented out the unit the very next month and is trying to get double payment a way for her to penalize me as much as she could. She provided no documentation to support the application of this particular fee. There was no mutual agreement concerning early termination fee. There was no meeting of the minds on the calculation of early termination fees ; therefore, those terms are not binding. If there was not an agreed upon calculation or set amount in regards to the early termination fee at the time of contracting the {$3400.00} termination fee is not binding. I am of the opinion that these are not legitimate charges and should be removed.

Past Due Late Fees Like the termination fee, I am of the opinion that this fee is not a legitimate charge as well. Although, I dispute the past due late fees are illegitimate charges for different reasons. The lease, in which, you are in possession of set the late fee at {$50.00}, I believe. If the lease was terminated, how could I accumulate additional late fees to the amount of {$290.00}? There is no documented evidence that these fees were owed prior to us moving. My estranged husband was told there was nothing more owed by us. We turned in our keys and left a forwarding address for. Instead of her using the forwarding address provided to her, she mailed it to the unit. Therefore, we were unaware of the charges until XXXX. Had the charges been made known, I would have disputed them in magistrate court. There is no documentation provided to explain how she came to the figure of {$290.00}. I am of the opinion that this charge be removed as well. There is no documented evidence that this owed. The agreed upon amount of late fees was {$50.00} a month. Not a {$100.00} a month. We were only in the unit from XX/XX/XXXX until XX/XX/XXXX. 

Pet Fee Again, like the rest of the fees above, is this fee in the agreement? Why would she wait until we terminated the leasing agreement to charge a pet fee? Most apartment communities charge a pet fee upfront prior to move in. Is there any documentation that this fee was agreed upon? I am of the opinion that this fee be removed as well. 

Cleaning Fee The cleaning fee I do not dispute. This fee should have been taken from the {$200.00} deposit that was withheld and not returned. I am of the opinion that this charge is legitimate but should have been satisfied by the security deposit with {$80.00} remaining. 

Past due rent I do not dispute the past due rent of {$1000.00}. I am willing to settle the debt for 60 % of the amount owed as it is the custom all other collection agencies. Credit collection agencies have the authority/power to settle the debt for a lesser amount owed. This is something within their discretion to do. With the {$80.00} remaining from the {$200.00} security deposit after the cleaning fee was deducted, the balance owed should be {$940.00}. And to satisfy this amount for 60 % of the debt would be {$560.00}. That amount could be split into payments over the next six ( 6 ) months for the amount of {$94.00} a month. 


In conclusion, the fees XXXX XXXX is attempting to assess were not itemized in the leasing agreement. Furthermore, when I spoke to XXXX XXXX, they deny having any record of me owing them. I have asked the credit company for the paperwork provided to them that would have authorized them putting this amount on my credit and they could not produce the documentation. 


I do appreciate you taking the time to review my dispute. Again, thank you. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation