Consumer complaint received 2017-01-23
Company: I.Q. DATA INTERNATIONAL, INC.
State: WA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
This complaint is directed against the apartment community XXXX, located at XXXX XXXX XXXX XXXX XXXX, VA XXXX, and operated by XXXX. 

I recently terminated my lease due to an out-of-state job offer. I gave the required 60 days ' notice in person XX/XX/2016, but the leasing agent ( intentionally I believe ) failed to inform me that written notice was needed. When I attempted to end the lease, and pay the buyout fee of two months ' rent ( {$3100.00} ) after 60 days on XX/XX/2016, they falsely claimed I had never given them notice. While it 's clear to me that this is nothing more than an attempt on their part to collect more rent than they were owed, I have no legal recourse in this specific aspect of my complaint due to the lack of written notice. 

However, they have attempted to bill me for a flat 60 days of rent on top of the termination fee ( 2 months ' base rent ), despite the fact that the apartment was rented during this " penalty period '' of 4 months ; in effect collecting rent from both me and the new tenant, who I believe took possession of the apartment around XX/XX/2016 ( the time it was de-listed from their website ). In their most recent communication to me, they claimed that the apartment was " held '' until XX/XX/2016, but I find this hard to believe as their standard policy is to only hold apartments currently available ( as it was at the time ) for 7 days. 

Regardless of the date it was rented, by their own admission, they are charging double rent between XX/XX/XXXX and XX/XX/2016. Virginia state law, which limits landlords to recovering only actual damages, forbids this. Additionally, it requires that the security deposit is returned upon vacating the premises, which they have also failed to do. 

Section XXXX of the lease contract [ attached as XXXX XXXX Lease XXXX ] clearly states that, in the event of an early termination of the lease, a reletting charge of {$1500.00} per month is due up until a new tenant takes possession of the apartment, and acknowledges the existence of the aforementioned law : " By law, we are limited to the recovery of actual damages. ". 

As part of my final attempt to remedy this situation, my attorney mailed a settlement offer of {$3100.00} on XX/XX/2016 ( equivalent to two months ' rent ) [ attached as WheelhouseSettlementOffer.pdf ], to which they did not respond. They instead sent me directly to collections for {$5000.00} - four months ' rent, with an additional " cleaning fee '' that they did not provide receipts for or any proof of despite repeated requests. As part of my final attempt to remedy this situation, my attorney mailed a settlement offer of {$3100.00} on XX/XX/XXXX ( equivalent to two months ' rent ) [ attached to this complaint as XXXX ], to which they did not respond. They instead sent me directly to collections for {$5000.00} - four months ' rent, with an additional " cleaning fee '' that they did not provide receipts for or any proof of despite repeated requests. 

Throughout this process, XXXX staff have demonstrated combative, aggressive, and unreasonable behavior. It is clear that they believe consumers can be forced into paying unnecessary fees by threatening their credit.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation