Consumer complaint received 2025-06-09 00:00:00
Product: Debt collection — Rental debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: HW Holding, Inc
State: FL

Complaint narrative:
I am writing to formally dispute a debt reported by XXXX XXXX XXXX and their collections agent XXXX XXXX, which I believe is fraudulent and in clear violation of Florida Statute 83.49. 

My spouse and I vacated our apartment on XX/XX/XXXX, after XXXX years of tenancy. We cleaned the apartment thoroughly, returned the keys, and left a forwarding military address. No move-out inspection was conducted, and we never received the legally required certified notice regarding any claims against our security deposit. 

According to Florida Statute 83.49 ( 3 ) ( a ), a landlord has 30 days after a tenant vacates to notify them by certified mail of any intent to make a claim on the deposit. If this is not done, the landlord must return the deposit and may only pursue damages through a separate legal action, not through a collections agency. 

Instead, we received no certified mail, no phone call, and no direct communication from the property or their corporate office. The first notification came from a collection agency, XXXX XXXX, whose email went to spam because it was not from the property or company we recognized. When we asked for proof of notice, we were given only a tracking number not a certified mail return receipt and the tracking confirmed that the letter never reached our address. 

Even more concerning, in XXXX of XXXX, XXXX XXXX, a representative of the property, admitted this in an email to our military legal assistance attorney ( XXXX ) : After checking the tracking, we see that the certified letter appears to not have been signed for and was returned ... Due to this, our bookkeeper will contact the collections agency to have this removed from his credit. 

Despite this written acknowledgment that the process was flawed, the debt remains on our credit in XXXX, and XXXX XXXX continues to harass us with weekly calls and mailed notices. The email also asks when we plan to pay, while the fraudulent collection is still active a clear act of pressure and coercion. 

In addition, the only " evidence '' provided by the landlord consists of vague photos showing normal wear and tear consistent with a four-year tenancy by a family with a young child. There is no documentation showing actual damage, and their chief complaintan alleged " odor '' can not be seen or verified through photos. This odor is supposedly from a kitten we rehomed more than a year before moving out, and who only lived in the unit for XXXX months. I would like to add that we paid a non-refundable cat fee of {$350.00} for the cat to have it in the apartment. We assumed this fee was to cover any damages from the pet. The kitten was not on the final lease and did not reside there during the last year of tenancy. I also made repeated efforts to schedule the complimentary carpet cleaning offered to long-term tenants, including in my final days at the property, but the office failed to follow through. It was not for the cat that we no longer had but just because they were free. I have proof of this. Furthermore, when I requested touch-up wall paint from the office, I was intentionally given the wrong type of paintdeck paint for the lanaiwhich could have caused further charges if applied. This demonstrates a pattern of obstruction or negligence by the office staff that unfairly positioned us to be penalized despite our good-faith efforts. 

This behavior is not just illegal it is harmful. 
They are actively holding our credit XXXX by refusing to remove the collection, even after admitting their error. 

This has prevented us from securing new housing. 

It is directly harming my husbands military career, as good credit is a key factor in promotions and security clearance eligibility. 

Their refusal to remove this item is impacting our livelihood and our future. 

This behavior is deceptive, unethical, and retaliatory. 

We feel bullied and targeted by both XXXX XXXX XXXX and XXXX XXXX, who appear to be using fraudulent collections practices to extract payment regardless of legality. 

If this matter is not resolved, we intend to escalate our complaint to the Florida Attorney General, the Department XXXX XXXX XXXX XXXX, and any appropriate consumer protection agencies. We are attaching the relevant email correspondence as documentation. 

I respectfully request the following : XXXX removal of this debt from all credit reporting agencies. 

An end to all collections activity by XXXX XXXX or any affiliated agency. 

A written confirmation that this matter is closed, with no balance owed. 

Thank you for your attention to this matter. We ask for a swift resolution to prevent further damage to our family and career.

Company response to consumer: Closed with explanation