Consumer complaint received 2018-06-13
Company: ONLINE Information Services, Inc.
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX, I moved out of my apartment at XXXX XXXX, owned by XXXX XXXX XXXX XXXX as my lease had expired. I turned in my keys as well. Before moving, there was never a walk through done of the premises and I never received a bill for any damages. I asked numerous times to do a walk through and it was refused by management. In accordance with Georgia Law, a landlord must do a walk through of the premises within three days of a tenant moving out of the premises. That was not done.

O.C.G.A. 44-7-33 provides the following : ( b ) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.

This was never done with me. I never received a list of damages nor was there ever a walk through. Furthermore, i was never contacted to verify whether or not I disagreed with the damages or not. Per their own document, the charge came 23 days after I moved out of the premises. This action came farther than the time the statute allowed because they were put on notice of my lease termination. 

Also, XXXX XXXX did not inform me they were keeping my security deposit as well. Georgia law requires that a landlord must notify a tenant within thirty days if they are to keep the security deposit and the reasons why. 

O.C.G.A. 44-7-34 provides the following : a ) Except as otherwise provided in this article, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention thereof. If the reason for retention is based on damages to the premises, such damages shall be listed as provided in Code Section 44-7-33. When the statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing the statement and any payment required to the last known address of the tenant via first class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant 's breach, provided the landlord attempts to mitigate the actual damages.

The statement given to me did not outline any details as to why the security deposit was held. I have also provided an attached bill I received from Online Information Services which is a debt collection agency that XXXX hired. I got notification around XX/XX/XXXX that a bill from XXXX XXXX was submitted to a debt collection agency and reported to my credit resulting in significant financial burdens. I called Online Management multiple times to validate the debt. I never disputed the debt contrary to their letter I asked for Verification which has not been provided.There was no validation sent whatsoever of the supposed debt owed other than a general bill. Furthermore, there was no evidence of a walk through and a checklist that I signed off on indicating said damages. Lastly, there is no indication on the bill that was sent that my security deposit was being withheld which if further indication they did broke the Georgia law in regards to security deposits. 

They also charged a suspect online fee which again I was never informed of. ( Please see attached bill ). 

The amount allegedly owed is {$260.00}. I disagree and will not be held hostage to unfair and bad tactics by XXXX XXXX XXXX XXXX and XXXX XXXX. I have tried several times to reach out to XXXX XXXX XXXX and Online Information Services and I have been refused to be heard about the egregious acts they have portrayed. To have this impact my credit as it is not my debt and not owed has really been a burden they have refused to correct.

Company response to consumer: Closed with explanation