Frequently Asked Questions
Ask a question using the comment form to the right and we will answer it on this page.
How do I make payments on my balance?
You can mail your payments to Boyaca Rent Recovery, 7742 Spalding Dr #446, Norcross, GA 30092 or you may call us and we will receive your payment over the phone.
Our phone number is unlisted as we receive 100's of phone calls from people owing money to other rent recovery companies. To call us, please request our phone number from the form on the right, also on the Contact Us page, or call the number on the paperwork you received in the mail.
If I agree to payments, how long does it take to get my credit mark removed?
Generally 3 to 5 weeks but we don’t control the credit bureaus. As soon as a payment plan is agreed to we can start the credit correction process.
Must I pay off my entire balance or can I make payment arrangements?
Most landlords are willing to settle for a promise of payments. Court is a time-consuming proposition and no one likes taking time off work to sit and wait to be heard. Hiring an attorney can be expensive and seldom gets the response you’re hoping for. An agreement for payments, no matter how small, is generally a better solution.
State of Georgia Landlord Tenant Law
Official Code§ 44-7-33. Lists of existing defects and of damages during tenancy; right of tenant to inspect and dissent; action to recover security deposit
(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for the tenant's permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy. The landlord and the tenant shall sign the list and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list given pursuant to subsection (b) of this Code section may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant's claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant fails to sign a list or to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant's duty to sign or to dissent to the list.
What happens if I file bankruptcy?
If you have lots of debt, bankruptcy may be an option but we are not qualified to advise you on that topic. You should consult with a bankruptcy attorney if that is an option you wish to consider.
What if I default on my payments and fail to pay as agreed?
If you default on your payments and do not keep us advised of your intentions, we may file a court action based on the promissory note you signed. This claim may include late fees and interest as well as possible default interest. You will be served by the Sheriff, have 30 days to submit an answer to the court, and then a court date will be set. If a Judgment is entered in our favor, we may elect to perfect that judgment including, but not limited to, garnishment of up to 25% of your wages each time you are paid, seizing the money in your bank account, and placing a lien on your vehicle’s title preventing you from selling or trading in the vehicle until the judgment has been satisfied in full. Additionally, all cost of actions mentioned herein are added to your outstanding balance.
There are generally two types of charges from landlords after move out; unpaid contract charges and property damage.
Unpaid charges are generally laid out in the lease you signed. Whether it’s rent, late fees, NSF charges or pet fees they are usually identified in the agreement you signed before move in. These are “contractual issues” and, although you can dispute them, judges generally let them stand because you agreed to them.
Property damages are charges for damage you did to the property while you lived there. Although you can dispute them, Georgia law says you have five days from the date of move out to dispute them. It must be done in writing and it must be specific (see Georgia security deposit law below). If you did a written dispute within the five-day time limitation, then you secured your right to dispute the damage charges. Otherwise the judge will let them stand.
What if I disagree with my landlord’s charges?
Every property manager has a different procedure for tenant charges. If your lease, ancillary documents or tenant handbook/manual discloses a fee/charge then it’s going to be hard to dispute.
Regarding property damages, the Georgia Landlord Tenant Act gives landlords three days to do their move-out inspections and estimate charges. Most of them are tenacious about taking lots of photos (or videos) of damages while others do written reports only. The more thorough they are in documenting damages, the harder it will be to get them to lower their outstanding balance. The resident has five days to dispute those charges. If you don’t put your dispute in writing, specifying which charges they are disputing, the resident loses the right to dispute them forever (see the Georgia law below). Courts don’t like it when landlords do their move-out inspections a week after vacancy or when residents take a month to dispute those charges. They tend to hold landlords (and residents) feet to the fire on prompt claiming/disputing charges.
The law gives residents the right to file a dispute in the county where the subject property is located, and make their case to the judge. The landlord will show the judge the lease you executed, the move-out inspection, photos, and invoices for repairs, to defend their case against you. If they can’t defend charges the judge will remove them. If the charges are valid, and the landlord has good evidence, the judge will let them stand.
If you go to court and the judge validates the landlords charges, he issues a Judgment which then becomes public records and it goes on your credit report. Only file a court action if you’re confident you’ll owe nothing at the end of the day.
A payment agreement may be a better option as a judgment does bad things to your credit. A payment agreement will settle the matter between the parties, prevent the crap shoot of going to court, and correct your credit immediately (within a month).
What role does Boyaca Rent Recovery play in helping me settle my account with my previous property manager?
Boyaca Rent Recovery is a third party company dedicated to assisting residents and their past landlords settle their accounts from their past lease arrangements. Occasionally, residents move out of a rental property owing money for rent, late fees, property damage and other things. Some property managers just let it go while others begin a pursuit process that can affect the resident’s credit and future ability to rent or buy a home. Our goal is to help settle those outstanding balances in a professional and courteous way. We can help both parties see the benefit of putting this debt behind them and parting with a good experience.