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A tough state, you never want to terminate early, landlords within Texas law with charges and not required to negotiate.
http://texastenant.org/termination.html ... Texas law now requires landlords to attempt to locate another tenant to take over your lease (called a duty to mitigate). ...
But Texas landlords are required to make every effort to mitigate their damages as the link you provided notes.
its on my credit report as an open collection reported by the collection agency but the apartment complex is named on the report as the original creditor.
File personal bankruptcy.....This judgement can be discharged, as it appears to be an unsecured debt. Speak to a local bankruptcy attorney, try to find a free consult, immediately.
Bankruptcy is the only protection I know of for this type situation...they can eventually choose to garnish your wages as long as that judgement is active.
I am not an attorney, and this is not legal advice....however I did the paperwork for a bankruptcy attorney for many years....Bankruptcy is a viable option for your situation as you've stated it here, imo.
Do you have anyidea how long it will take to be in bankruptcy status and if/what it would cost... I assume there are fees associated with making it officially known publicly that you are broke... uhg
So you ignored the debt for 5 years because it didn't really affect you but now the bad credit IS affecting you and you want to know how to clear it up? It's a moot point but if you'd made arrangements to pay off the debt little by little over the past five years you'd be free and clear by now. Contact the collection agency and negotiate a lesser amount and payments to clear it as this is going to follow you for years to come.
I did not ignore the debt, I was unable to pay 20k after a rough few years I am finally getting back on my feet and I want to be as independent as possible with all my bills in my name.
But yeah, sure I you could see it the other way too, if you would like.
But Texas landlords are required to make every effort to mitigate their damages as the link you provided notes.
My takes a bit different; its the tenants responsibility to work with the LL for resolution, if that doesn't occur, there's nothing to mitigate and charges stand.
The highlighted isn't clear:
If you make a deal, get the agreement (referred to legally as a release) in writing to prove you are no longer responsible under the lease. A form agreement is provided in the forms section. You should at least give the landlord notice of your intentions, because you will receive credit for any rents they collect from a new tenant on your place after you move out.
My takes a bit different; its the tenants responsibility to work with the LL for resolution, if that doesn't occur, there's nothing to mitigate and charges stand.
The highlighted isn't clear:
If you make a deal, get the agreement (referred to legally as a release) in writing to prove you are no longer responsible under the lease. A form agreement is provided in the forms section. You should at least give the landlord notice of your intentions, because you will receive credit for any rents they collect from a new tenant on your place after you move out.
I'm not sure what you mean. This link explains TX duty to mitigate which is the norm in most states which require landlord mitigation:
Good suggestion. Bankruptcy shouldn't effect ability to rent. If she doesn't file, eventually they will attach wages.
A tough state, you never want to terminate early, landlords within Texas law with charges and not required to negotiate.
http://texastenant.org/termination.html Consequences for terminating without excuse
If a tenant does not have a legal excuse for terminating early, a tenant can be held responsible for the remaining rental payments under the lease.
GEEZ! I thought my landlord was tough. If you move out early, they keep your security (2 months of rent) and then get to charge you 2 months of rent according to the terms of the lease. This is in NY.
But the whole term of the lease? That's insane! And pretty heartless to actually carry out against someone who lost a job. I've never heard of that. But then again, I'm not a big fan of Texas as a state in general.
its on my credit report as an open collection reported by the collection agency but the apartment complex is named on the report as the original creditor.
First, contact the collection agency and ask for Proof of the Debt.
Another question: Have you EVER in the past or when incurred communicated with the landlord or collection agency about this debt? To be honest, if you were basically not being proactive with this debt (for whatever reason) and have not been trying to resolve this, you have placed yourself in a very VERY difficult situation. It's not impossible to fix, but will be difficult.
GEEZ! I thought my landlord was tough. If you move out early, they keep your security (2 months of rent) and then get to charge you 2 months of rent according to the terms of the lease. This is in NY.
But the whole term of the lease? That's insane! And pretty heartless to actually carry out against someone who lost a job. I've never heard of that. But then again, I'm not a big fan of Texas as a state in general.
Your lease is cut and dried and, in accordance with NY state landlord tenant laws, specifies what is essentially a lease break fee. However, the question of mitigating damages in NY is a little less clearcut than in other states and you can read about it here:
Nor are state laws which demand the LL mitigate his damages "insane" by any stretch. In those states (most states in fact) the LL is mandated to make every effort to re-rent the apartment. However, if he is unable to do so, the departing tenant who has broken their lease is liable to pay for the rest of the lease term. If there weren't penalties involved in breaking a lease, why would a lease even be entered into? It's a contract and, if it's broken, there are penalties. That's landlord tenant law 101.
As far as landlords being "heartless" if a tenant loses his job, landlording is a business not a charitable enterprise.
My takes a bit different; its the tenants responsibility to work with the LL for resolution, if that doesn't occur, there's nothing to mitigate and charges stand.
In Texas, the landlord has a duty to mitigate their damages. It does not require cooperation of the abandoning tenant; it is the landlords legal requirement if they are going to pursue a claim for financial damages. Now, the courts have issued conflicting opinions as to when that duty starts and what constitutes reasonable and customary mitigation steps, but they are consistent that a landlord must mitigate. Mitigation waivers are also illegal under Texas law so a tenant can never agree for a landlord not to mitigate damages. Hope this clarifies the confusion.
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... I assume there are fees associated with making it officially known publicly that you are broke... uhg
