Consumer complaint received 2023-10-05
Company: TRANSWORLD SYSTEMS INC
State: MN
Product: Debt collection
Sub-product: Rental debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I moved out of my rental as the XXXX at XXXX XXXX on XX/XX/XXXX for an out-of-state job transfer. The issue is two-pronged. First, we NEVER received a move-out statement. Multiple phone calls were made to the XXXX XXXX XXXX XXXX. We left multiple voicemails and our calls were never returned. We gave our forwarding address to property XXXX XXXX XXXX as requested ; as well as the XXXX. It is a violation of Colorado XXXX to fail to provide an accounting within the statutory 30 days. A copy of the law has been attached. Colorado law also states that failure to adhere to Colorado laws on security subjects them to punitive damages up to XXXX times the amount of the deposit. I never received ANYTHING until I received a phone call a few days ago at WORK from a debt collector XXXX ( Transworld systems ) saying I was being sent to collections. I asked for a verification of the debt, which I received on XX/XX/XXXX, and I have attached. I do not believe legitimate the verification is legitimate, as it just shows charges ; but no proof that any attempt was ever made by the XXXX XXXX XXXX XXXX to send me the charges. Again, I NEVER RECEIVED THEM. The verification provided by XXXX says that we owe XXXX dollars for cleaning charges ; however there has NEVER been a detailed account provided by the Links At XXXX XXXX of what each charge is is for, as REQUIRED by Colorado XXXX. 

The second problem was brought to my attention upon receiving the verification of the debt. It lists the move out date as XX/XX/XXXX. Its showing that we should still owe {$400.00} in rent. This is a clerical error made by The Links at XXXX XXXX. The move-out date was XX/XX/XXXX NOT XX/XX/XXXX. The {$400.00} charge for gross scheduled rent is incorrect. We received the final amount due to The XXXX XXXX XXXX XXXX and it was paid on XX/XX/XXXX. We were billed correctly for the the 17 days of pro-rated rent and utilities ; for the amount of XXXX. This is in accordance with our move out date of XX/XX/XXXX. I have provided the final payment confirmation that was paid at XXXX XXXX for the amount of {$1000.00}. 

I have also attached XXXX emails sent by my wife to the XXXX property managers confirming she left our keys as instructed on the move-out date of XX/XX/XXXX XXXX Colorado Code XXXX XXXX - Property - Real and Personal Article XXXX - Tenants and Landlords Part XXXX - Security Deposits- Wrongful Withholding XXXX. Return of Security Deposit Universal Citation : CO Code XXXX ( XXXX ) A landlord shall, within XXXX month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed XXXX days. No security deposit shall be retained to cover normal wear and tear. 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 of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant. 
The failure of a landlord to provide a written statement within the required time specified in subsection ( XXXX ) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section. 
The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs ; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of XXXX days prior to filing said action. 
In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful. 
Upon cessation of his interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the person in possession of the security deposit, including but not limited to the landlord, his agent, or his executor, shall, within a reasonable time : Transfer the funds, or any remainder after lawful deductions under subsection ( XXXX ) of this section, to the landlord 's successor in interest and notify the tenant by mail of such transfer and of the transferee 's name and address ; or XXXX the funds, or any remainder after lawful deductions under subsection ( XXXX ) of this section, to the tenant. 
Upon compliance with subsection ( XXXX ) of this section, the person in possession of the security deposit shall be relieved of further liability. 
Upon receipt of transferred funds under subsection ( XXXX ) ( a ) of this section, the transferee, in relation to such funds, shall be deemed to have all of the rights and obligations of a landlord holding the funds as a security deposit. 
Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of his household is waived shall be deemed to be against public policy and shall be void. 
Source : XXXX XXXX : p. XXXX, XXXX. XXXX. XXXX : XXXX. XXXX XXXX : ( XXXX ) amended, p. XXXX, XXXX, effective XX/XX/XXXX.

Company response to consumer: Closed with explanation