Consumer complaint received 2024-08-08
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: HW Holding, Inc (CA)

I moved into XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. The security deposit at the time was {$XXXX}. They were offering a special to encourage new tenancy during the pandemic. I notified property management that I was going to be moving out XX/XX/XXXX. I was informed that there would be a pre-move out inspection conducted by XXXX on XX/XX/XXXX. When I asked again about the pre move-out inspection, which is meant to occur prior to my moving out so I would have an opportunity to mend any damages, I was informed that a supervisor entered the apartment without my consent on XX/XX/XXXX, which is 1 day after I moved out. They did not provide me with detailed receipts with invoices and hours spent cleaning nor a statement of required repairs and cleaning. I asked XXXX XXXX on XX/XX/XXXX if I needed to do any cleaning or repairs and he said " how much is your security deposit? ", I replied " {$XXXX} '', and he assured me that they would not take more than that. I moved out of XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. In XXXX of XXXX, I received notification from XXXXXXXX XXXX XXXX XXXX that they refused to returned the entirety of my security deposit of {$XXXX}, and additionally, were requesting another {$XXXX}. On XX/XX/XXXX I replied to XXXX XXXX stating : XXXX XXXX XXXX Mon, XXXX XXXX, XXXX to XXXX XXXX XXXX The invoice that you have sent is insufficient. 

According to Civ. Code 1950.5 ( g ) ( 2 ), you must provide detailed receipts with invoices and hours spent cleaning. This includes receipts for materials, such as, the smoke detector and the shower head.

To my knowledge, the shower head, smoke detector and ceiling fan cover were not installed but all present in the apartment at the time that I moved out.

According to subsection 3 in the same section, you must provide receipts for employee time spent cleaning.

In Civil Code Civ. Code 1950.5 ( f ) ( 1 ), the initial inspection by landlord or landlord agent should have been followed by a statement of required repairs or cleaning.

I was not informed that any cleaning or replacement of items were a requirement. According to civil codes, you were supposed to inform me in writing of any repairs or cleaning that needed to be performed, and you did not. The pre-move out inspection was done without my presence, which I did not agree to. Th
e inspection was performed by XXXX. After in the inspection, XXXX told me verbally that any cleaning that needed to take place wouldn't cost more than my deposit. I never received anything in writing and I never agreed to receive anything electronically. 

I do not consent to these charges. 

I am requesting a more detailed invoice as required by California state law. 

XXXX XXXX They did not reply with the required invoices, or at all, nor answer my repeated calls and emails. On XX/XX/XXXX, XXXX 's sent my debt to collections through a company called XXXX XXXX. I was not notified of this collection until it showed up on my credit reported on XX/XX/XXXX. I contacted XXXX XXXX to request additional information about the debt. I spoke with XXXX XXXX from XXXX XXXX on XX/XX/XXXX. When I asked what address they had sent notifications to, they repeated back the address of the apartment I moved out of. When I asked XXXX what email address she had on file, they had my name spelled incorrectly. 

The last correspondence I had regarding this charge was when I requested more information from XXXX XXXX at XXXX 's as required by California XXXX XXXX, and I did not know about this debt until it appeared on my credit report. She did not respond. 

When I told XXXX at XXXX XXXX that I'd be willing to pay a smaller amount in order to clear the debt, despite this charge being in active dispute with XXXX 's, she told me XXXX 's authorized them to reduce the debt by XXXX  %. When I informed her I would not be able to do that and I would need this disputed charged reduced further or entirely, she said that I should contact XXXX 's to get the debt reduced or erased. I then called XXXX XXXX at XXXX 's from another phone number, she finally answered, and she claimed to have not received my email from XXXX, which I forwarded to her proving she received it on XX/XX/XXXX at XXXX. When I asked for a reduction in the debt and to speak to a supervisor, she told me to call back the debt collectors. When I informed her that they told me XXXX 's is in fact the party that determines the price of the debt, the said " bye '' and hung up on me. 

I am single, working XXXX jobs in order to make ends meet. I've spent the last 2 years working diligently on increasing my credit score, meeting my minimums, and keeping my payments current. I have tried endlessly to reconcile with both XXXX 's and XXXX XXXX, and neither have followed legal protocol and continue to dodge and ignore my calls.