I lived with 2 other girls in an apt, and we had encountered many issues with our landlord. He was incredibly intimidating and once even came into our apt without notice. He did not repaint the apt for us when we moved in, so we had painted it ourselves. Some of the colours were quite bold - a pink kitchen! But many other rooms we just painted a different shade of the same colour, and we had every intention on painting the more 'controversial' rooms when we left. However, one day he came in with no notification, saw the colours and demanded that we repaint the entire apt with "3 coats of primer and 2 coats of semi-gloss white." We repainted the apt (with a little bit of bitterness at giving him a free paint-job) and left.

A month and a half later, we all received an "invoice" for "work that had to be done in the apt" after we had left - we had been extremely rushed, especially with trying to move AND paint - and had left behind 2 couches and maybe a bag or 2 of garbage. However, the 'invoice' was completely ridiculous. It stated that people had to: repaint edges and some window sills (because our paint job was not perfect), clean out the fridge and stovetop, remove the 2 couches, and take out "maggot-infested garbage". We were charged over-the-top prices, for instance, it took 3 men 2 hours to take out 2 couches, while it took 2 men 2 hours to clean out a fridge and stovetop. He also charged us for the trailer to bring the stuff away (apparently they needed several trips), not to mention the dumping fee, 'fuel charges, and of course, GST on sales. Did I mention that the landlord owns a construction company and all these things were from his own stock? And of course, each man was paid $60/hr for their work.

All-in-all, the invoice amounted to over $3200! The 'proof' were a couple of photos of some paint left on the ceiling edges, one truckload of garbage and a picture at an outdoor 'dumping site' with the two couches and 2 bags of garbage that had been slit open with maggots all over the front of the bags. This did not seem right, especially as we had not been throwing out food (we had not been cooking), and it was weird that the bags had been cut open.

At the time, I received some legal aid on this topic and was told that I could either settle with him, or wait for him to file a small claims against us. And since I did not want to play into his bullying tactics we decided to let him make the first move, especially as we felt we could make a good case in small claims. Today, exactly 6 months after moving out, one of my former roommates (who I should mention moved out halfway through our tenancy and had been told her name was off the lease) gets a call from a collections agency sent by our landlord. The thing is, the agency said they were calling about rent, they did not say damages, which I think is very odd. Also, I should mention that the new girl that moved in halfway did not end up signing the lease.

I am unsure of what to do at this point. Should I take this to small claims? Clearly the landlord wants to avoid small claims because his evidence does not provide substantial proof. We loved the apt and took good care of it, and I have pictures taken one week before we moved out and the place was spotless. I do not want to let his bullying win - we are all students and do not have the income to pay this ludacris invoice! I would love to get some advice on this. Thank you all in advance!

Let him file suit first.

As to the collection agency, when the girl moved you replaced here and all rents were paid?

Yes, all rents were paid.
When I went to legal aid, they told me the same thing, to let him file first. But now that he has a collections agency after us, what are we supposed to do? How much sway does a collections agency have if our landlord does not have judgment against us? I had been waiting to go to small claims court, the move straight to the collections agency has totally caught me off guard...

The only sway they have is to either file suit or post the delinquency on the credit bureaus.

So you should be monitoring your credit report and post a protest if this hits the report.

Also, send a letter to the agency that all future contact should be only by mail.

In the case of the roomie who moved out, she should respond that all rents were paid under the lease and she owes nothing and to cease bothering her.

Thanks, this already helps... but I have a new development in this situation... This morning the roommate that was supposed to be off the lease talked to the landlord and asked why she was being involved even though she was supposed to be off. His reply was that although she had signed a form to opt-out of the lease, HE had not signed it so she was legally still liable. Also,he said that the forth roommate who had moved in to replace her had never signed a lease! So therefore they still had to go after the girl whose name is still on it. This seems pretty ridiculous to me...
So we told her to ask for a copy of the lease and a copy of this form the he apparently didn't sign, so she will be receiving that in the mail soon.
She also asked him why we couldn't just settle this and the landlord said that it was out of his hands now because the collections agency is now involved. He never even sent us final notices or anything for the bill - can he just go straight to collections agencies? Or does he just want to screw up our credit?

Its up to the landlord when to turn it over to collections. There are no rules about what he has to do beforehand. But he can call them off.

He's legally right about the lease signings. But, according to you, the full rent on the unit continued to be paid. If that's true, then he has no grounds to go after the other girl for rent. He can go after her for any amount of damages over the security deposit, but not for rent.

What is the best way to get to small claims court?

Each state should have a website with instructions for using small claims court.

Is it possible to file a claim to stop the landlord somehow, or get him to call off the collections agency?

Not if there is a valid debt.

Hmmm... and if we feel the debt is invalid?

Then you get to argue the point in a court of law.

The key here is you said the collection agency is going after the former roommie for rent. But you also stated that the rent continued to be paid in full prior to the apartment being vacated. If that is true, then the landlord has no grounds to try and collect rent from the former tenant, since it was paid. So that would be invalid.

Now we come to the damages. The landlord is allowed to withhold all or a portion of the security deposit to pay for repairs necessary after the aprtment was vacated. The landlord has to provide a detailed bill and proof of the amounts he charges against the deposit. If the amount was greater then the deposit, the landlord will have to sue to get paid. If the amount was covered by the deposit and the tenant disputes the charges, then the tenant will have to sue to get pack that portion of the security. In other words, the landlord isn't going to sue if the deposit covered all or most of the charges.

So you need to see what the landlord is going to do and then decide your course of action.

As for the roommie being dunned for unpaid rent, she just needs to tell the collection agency that the rent was paid in full and stop bothering her.