Consumer complaint received 2015-06-11
Company: ResidentCollect, Inc.
State: TX
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:
In XX/XX/XXXX, myself and XXXX others entered into an apartment lease agreement with XXXX in XXXX, TX. The " inventory and condition form '' completed by us and provided to, and signed by, an official of XXXX states clearly the existence of mold before we even moved in. A copy of this form was provided to ResidentCollect, the agency that claims to currently own the debt, in my dispute directly with them, as well as disputes with XXXX, XXXX, and XXXX. 

Over the next 4 months after moving into the apartment, signs of considerable water leaks from unknown locations revealed themselves. Significant black mold growth was negatively affecting the health of all tenants, and particularly myself, who suffers from XXXX and XXXX. The issue was repeatedly brought to the attention of XXXX XXXX via phone and letter. We did not receive any response until a certified letter was sent to XXXX XXXX in XX/XX/XXXX notifying them of their requirement to hire a licensed consultant for mold assessment and remediation as required by the Texas Mold Assessment and Remediation Rules ( 25 TAC Sec. 295.301-295.338 ). 

The TMARR is a state statute requiring a landlord to secure the services of a state licensed mold assessment consultant for performing an inspection and taking samples of the mold for analysis by a state licensed laboratory. Amongst other legal requirements, the analysis must be provided to the tenant before beginning remediation, a work plan must be maintained at the job site, the work must be filed with the Health Department, and the work performed must be maintained, including photographs of the scene. None of the previously mentioned legal requirements were conducted. When I requested a receipt for the mold remediation, the maintenance director for XXXX XXXX refused to provide us with a copy. The company they claimed performed the work, " Floor to Ceiling Restoration '', was not on file with the Health Department at all, much less as a licensed mold assessor. As such, the mold assessment and remediation performed in our apartment unit was not done legally. 

The Texas Property Code Sec. 92 provides tenants the right to terminate a lease without fear of liability should a landlord fail to properly remediate mold in a reasonable time ( Sec. 92.056 ( d ) defines " reasonable time '' as 7 days ). 

Later, an additional certified letter was sent to XXXX XXXX again stating their failure to legally remedy the worsening mold issue and that we were executing our right under Texas Property Code Sec. 92 to terminate our lease without fear of liability. As we did not receive a response, we terminated our lease. Due to breach of contract by XXXX XXXX XXXX, the lease agreement has been rendered invalid and unenforceable. 

An explanation, along with copies of proof, were sent certified to ResidentCollect in XX/XX/XXXX. I received a response claiming that I do, in fact, owe the balance of the lease agreement, despite XXXX XXXX being the one responsible for the breach of contract and me being within my legal right to terminate the lease. A fruitless call was made to ResidentCollect. The agent claimed our apartment lease superseded the Texas Property Code and, therefore, our right to terminate our lease, despite section XXXX of our lease agreement specifically stating our right to terminate in such a situation. ResidentCollect continues to report the account in violation of the Fair Credit Reporting Act to all three major credit bureaus for myself and the other XXXX occupants.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation