Consumer complaint received 2024-02-22
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: T.S. Holdings (FL)

XXXX XXXX XXXX XXXX, WA XXXX Re : Debt Dispute - Reference : XXXX XXXX XXXX XXXX XXXX XXXX FL ) Dear Debt Collector : On XX/XX/XXXX, I.Q. Data International , IncXXXX made an entry on my XXXX credit record in connection with the above referenced matter, in the amount of {$7300.00}. I.Q. Data International , Inc. did not provide me an opportunity to respond to this issue prior to submitting this entry to XXXX, so I will do so here. 
This is a Lessor-Tenant dispute regarding monies owed by each party to the other following the termination of the Lease Agreement ( attached ). The Lessor terminated the Lease early because the units owner wanted to sell the premises ( attached ). After the Tenant vacated the premises, the Lessor sent a Move-Out Statement ( attached ) to the Tenant purporting a similar outstanding balance. The Tenant promptly sent a letter to the Lessor disputing the amount of the proposed outstanding balance and reiterates his position here.

Under paragraph 39 of the Lease Agreement, the Lease shall be construed by and enforced with, the laws of the state in which the Premises are located. As the premise is located in XXXX XXXX, Florida, the Lease is governed FL Stat. Section 83.49. An action for debt collection, prior to utilizing the Florida courts to resolve the material factual and financial issues in dispute, is presumptuous and premature.

By way of additional background, the initial Lease Agreement ran for a one-year term that began XX/XX/XXXX, and renewed for successive one-year terms, through XX/XX/XXXX. 
The Lessor violated the following provisions of the Lease Agreement when it emailed the Tenant a 15-day Early Notice of Termination in the middle of the Lease Term, as follows : paragraph 16 of the Lease Agreement, provides that a : Lessor shall have the right to terminate the Lease upon not less than thirty ( 30 ) days notice and upon such termination, and Tenant vacating the Premises, Landlord shall credit Tenant with a sum of {$1000.00} ( Early Termination Fee ) which shall first be applied against any monies owing from the Tenant to Landlord with the balance thereafter being paid to Tenant by Lessor. 
After Tenant vacates the Premises, Lessor shall credit to Tenant the Early Termination Fee to Tenant as liquidated damages for disturbing the Tenants quiet enjoyment of the Premises and for the inconvenience of moving early. 
The Lessor did not provide the required 30-day 's notice required. Moreover, the Early Termination Fee credit was neither acknowledged nor provided, at the time of Tenants vacancy on XX/XX/XXXX. Instead, the Tenant was abruptly forced to locate a comparable apartment within a tight rental market, at a significantly higher lease rate, provide a security deposit to the new landlord, and forced to move his belongings out of the subject premises and into the new premises, and clean the former premises, all within 15-days of the Early Termination Notice, all while also working a full-time job. 
Thereafter, XXXX XXXX XXXX Department sent Tenant a Move-Out Statement in which the Lessor demands payment for property improvements to fixtures within the unit and other expenses presumably associated with the planned sale of the unit, that exceed the Tenants obligations under paragraph 23 of Lease Agreement.

Specifically, the Tenant fulfilled his obligation under paragraph 23 of the Lease Agreement when he surrender to Lessor the quiet and peaceable possession of the Premises in like good order as at the Effective Date, reasonable wear and tear excepted. The Tenant disputes any obligation to pay {$7300.00} for improvements to the premises that are clearly intended to position the unit for a quick sale : XXXX. {$750.00} for removal and replacement of the stove ; XXXX. {$830.00} to service the XXXX and have the ducts cleaned ; XXXX. {$220.00} to acid wash the shower and tub ; XXXX. {$2300.00} to complete painting of the unit beyond normal wear and tear ; and XXXX. {$3200.00} to replace all carpets. 
I further dispute any obligation to pay {$120.00} and {$450.00} for repairs or replacement of windows and blinds, respectively. I timely notified XXXX XXXX XXXX that the non-hurricane window and blinds were cracked during the sustained XXXX mile an hour winds of hurricane XXXX. XXXX XXXX XXXX took no action following the notification to repair or replace either. I used good faith efforts to mitigate further damage to the windows and blinds, and my personal belongings, when the Lessor failed to make the necessary repairs.

I do not dispute the {$100.00} obligation for the following : 1. {$15.00} resident insurance premium ; 2. {$11.00} recurring monthly Admin fee ; 3. {$22.00} water charge ; 4. {$24.00} water charge ( final ) ; and 5. {$33.00} sewer charge ( final ).

Currently, the Lessor is improperly withholding {$2100.00} from Tenant, as follows : 1. {$1100.00} Security Deposit ; and 2. {$1000.00} Early Termination Fee.

Tenant demands immediate payment in the amount of {$1900.00}, which is the difference between what the Lessor owes the Tenant, and the Tenant owes the Lessor ( {$2100.00} - {$100.00} = {$1900.00} ).

You are instructed to stop collection and inform the Lessor that the proper remedy under the Lease Agreement is by action under FL Stat. Section 83.49. 
Please call me at ( XXXX ) XXXX or mail me your reply. 
Very truly yours, XXXX XXXX Enclosures : Lease Agreement 15-day Early Termination Notice Move-Out Statement Cc : Consumer Financial Protection Bureau XXXX XXXX Office of Enforcement, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX