Consumer complaint received 2017-04-19
Company: HW Holding, Inc
State: FL
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
My sister and I obtained a lease with   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX  in  XXXX  Florida starting on  XXXX / XXXX / XXXX  and ended  XXXX   XXXX ,  XXXX . The unit was  XXXX  and base rent was {$1300.00} per month. I never heard back from the apartment ( mail, calls, or email ) until 60 days after the lease termination,  XXXX   XXXX ,  XXXX  when I received an email containing a Final Account Statement stating I owed them money. I disputed this with them stating it is outside of Florida  Stat  ute 83.49 ( 3 )   and sent certified return receipt mail stating so. I never heard back but months later was contacted on  XXXX   XXXX ,  XXXX  by a  Debt Collector, Hunter Warfield.      Despite disputing the debt with them in writing ( also certified return receipt ), they are still contacting me about the money I supposedly owe. They state the reason being I did n't perform a walkthrough at the end of the lease. I have read through the lease multiple times and a walkthrough at the end of the lease is not mentioned as a requirement. The apartment complex did not follow section  25  of the lease stating :  " 25.  NOTICES. Any notice or document required or permitted to be delivered under this Lease shall be deemed to be delivered, whether actually received or not, when deposited in the  United State m ail, postage prepaid, first class, or certified or registered mail addressed to Resident at Resident 's residence address at the premises ( or if Resident 's residence address changes, to such other residence address as  Resident may at  any time or from time to time designate by written n otice to Manager ), and to Manager at  the office address of the Apartment Community ( or at such other address or addresses  as Manager may a t any time or from time to time designate in writing to resident. ) ... Notwithstanding anything herein to the contrary, all notices to Resident required pursuant to pa rt II of Chapter 83 of the Florida Statutes shall be served in accordance with said Part II of Chapter 83.   Resident acknowledges that all notices shall be given in writing. Resident ... '' and the debt collection company can not verify they did as this is the evidence from them that I am requesting and they will not provide. They simply send me copies of the lease I signed saying that 's evidence when I have written to them proving it is not. I did provide a forwarding address for the apartment complex upon move-out for contact and they already had my phone number, it appears they chose to ignore my information.     They are originally stating I owe them a total of {$490.00}. They are charging me a trash and water rate from  XXXX / XXXX / XXXX  -  XXXX / XXXX / XXXX  of a total of {$36.00}. That is supposed to be a per month charge, I do n't know why they are including additional months in the rate. Also included in this total, they are claiming a Liquidated Dama ges- Prorated Rent am ount on me of {$84.00} for  XXXX  when I had previously already paid the prorated amount of rent, {$640.00}, that month on the second for rent until the lease termination date and have proof of this. The remainder they are claiming under  Carpet Replacement/Pet Sea l. When I asked for proof of the carpet damages they sent me pictures of carpet ripped up in the " rooms ''. The damage could have easily been done by water damage as our unit had previously flooded due to the upstairs neighbor 's water heater bursting, which they knew about. I use " because some of the pictures of carpet had diff erent color c arpet than our unit did, hence my dispute with them over both that and the Florida  Statute  30 day limit of notification of a claim.     I have noticed in my credit report howev er, Hunter Warfield are n ow attempting to charge me {$500.00}.

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation