My question relates to a lease in Atlanta, GA.
I terminated my lease on the lease end date on May 31, 2010. According to my lease, the management company was required to conduct an inspection and was required to send me prior notice of the inspection (relevant clause after the jump).
On June 18, 2010, I received charges of $345 for damages and cleaning at that apartment, but I had never received notice from management about the time and date of the move-out inspection. I contacted an attorney through my university for free legal help, and he told me to write a letter stating that my right to attend the inspection had been violated, and as such, according to the Official Code of Georgia, I was not liable for the charges. I cc'ed him on said notice. I never heard back from the management agency.
I found out today that I have been sent to collections; I requested that the collection agency send me their file to make sure that a notice did not get lost in the mail. The rep would not let me hang up without marking my account as disputed.
If my file matches the file at the collection agency, do I have enough to win at small claims court? Should I go pro se? I'm also worried about being charged for the management's attorney costs, so I want to make sure I do this right... I'm just out of school and still unemployed, so $345 is a little more than pocket change to me right now.
The relevant clause:
"Lessor will inspect the Leased Premises within three (3) business days after the date of termination of occupancy and compile a comprehensive list of any damages done to the Leased Premises during Lessee's occupancy. Lessor will give Lessee prior notice of such inspection, and Lessee shall have the right to attend the inspection and to ascertain the accuracy of such list, which shall be signed by Lessor, and (only if Lessee attends the inspection), by Lessee; provided, however, that in lieu of signing such list, Lessee may sign a written statement listing the items on Lessor's list that Lessee disagrees with."
I terminated my lease on the lease end date on May 31, 2010. According to my lease, the management company was required to conduct an inspection and was required to send me prior notice of the inspection (relevant clause after the jump).
On June 18, 2010, I received charges of $345 for damages and cleaning at that apartment, but I had never received notice from management about the time and date of the move-out inspection. I contacted an attorney through my university for free legal help, and he told me to write a letter stating that my right to attend the inspection had been violated, and as such, according to the Official Code of Georgia, I was not liable for the charges. I cc'ed him on said notice. I never heard back from the management agency.
I found out today that I have been sent to collections; I requested that the collection agency send me their file to make sure that a notice did not get lost in the mail. The rep would not let me hang up without marking my account as disputed.
If my file matches the file at the collection agency, do I have enough to win at small claims court? Should I go pro se? I'm also worried about being charged for the management's attorney costs, so I want to make sure I do this right... I'm just out of school and still unemployed, so $345 is a little more than pocket change to me right now.
The relevant clause:
"Lessor will inspect the Leased Premises within three (3) business days after the date of termination of occupancy and compile a comprehensive list of any damages done to the Leased Premises during Lessee's occupancy. Lessor will give Lessee prior notice of such inspection, and Lessee shall have the right to attend the inspection and to ascertain the accuracy of such list, which shall be signed by Lessor, and (only if Lessee attends the inspection), by Lessee; provided, however, that in lieu of signing such list, Lessee may sign a written statement listing the items on Lessor's list that Lessee disagrees with."
