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Old 04-04-2016, 08:33 PM
 
3 posts, read 2,739 times
Reputation: 15

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Husband and I are in a bad way financially due to some health issues, we're in the negative in both our checking and savings, and have maxed out any credit cards we have. We literally can't afford groceries and there is no way we will be making rent this month. Family in another state is willing to let us come live with them until we're back on our feet. Any day now we'll be receiving the notice from our apartment complex to pay the rent, the 3 day "pay or quit" notice (we've gotten this in another state and always found money for rent, this time that would be impossible). So if we don't pay rent and just move out in like a week after receiving the notice, will we still be facing an eviction lawsuit from the apartment complex (even though we chose the "quit" option of the notice) or will we be charged for breaking lease or will it be the whole court process and lawsuit for rent and breaking the lease and everything else?

Thanks in advance.
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Old 04-04-2016, 08:43 PM
 
Location: Silicon Valley
16,718 posts, read 20,456,636 times
Reputation: 30701
You need to move out before the 3 days is up or an eviction will be on your record. You'll still owe the landlord, depending on your lease and the city/state laws, but maybe your security deposit will cover things. And maybe you can make a payment arrangement with the landlord if you end up owing them money, so it won't show on a credit report as a collection.
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Old 04-04-2016, 08:55 PM
 
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I forgot to mention that we're in Colorado, and will probably also be starting the process of filing for bankruptcy the day after tomorrow, I don't know if that changes things or not...
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Old 04-04-2016, 09:32 PM
 
Location: Silicon Valley
16,718 posts, read 20,456,636 times
Reputation: 30701
The problem would be that if the LL files any document with the court that has to do with evicting you, that becomes public record. There are companies that collect that data, and sell it to landlords. If your name ends up on the list of tenants who have had evictions filed against them, it becomes nearly impossible to rent again.

When you file bankruptcy, you can include the landlord in with your list of creditors.

But, you really need to move out before the 3 days is up to avoid that eviction filing. The bankruptcy can't fix that.

Good luck with everything.
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Old 04-05-2016, 04:03 AM
 
8,316 posts, read 17,641,658 times
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If you do get a 3 day notice..read it carefully and be sure to be out by the deadline..not a week later. A 3 day notice is just that....pay the rent or get out by the third day.


Make sure the unit is clean as a whistle so they can/will use your deposit for unpaid rent and not for cleaning or damages.
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Old 04-05-2016, 06:09 AM
 
Location: North Idaho
20,999 posts, read 25,737,156 times
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You can't pay the rent. How about instead of hiding out and sneaking away after you get the pay or quit, you call the landlord right now, tell him that you have no money for rent, and make arrangements to move out nd return the keys. Clean the house up spotless before you walk out the door so that the landlord can get it rented again quickly.
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Old 04-05-2016, 11:20 AM
 
Location: Saint Paul, MN
1,365 posts, read 1,341,130 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
You can't pay the rent. How about instead of hiding out and sneaking away after you get the pay or quit, you call the landlord right now, tell him that you have no money for rent, and make arrangements to move out nd return the keys. Clean the house up spotless before you walk out the door so that the landlord can get it rented again quickly.
This.

It's not like they aren't going to notice that you aren't paying. Your best bet is to get out ahead of this. Maybe you can come to some sort of arrangement before the proverbial sh_t hits the fan.
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Old 04-05-2016, 08:30 PM
 
3 posts, read 2,739 times
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I wasn't really planning on just heading out and leaving all our stuff and hoping the apartment complex didn't notice, I just wasn't sure if you could tell the apartments "hey so I got this notice to pay in 3 days or move, I choose to move out so I'll clean up and be gone" and not be sued for remaining rent/have eviction noted on our history.

As it is though, we managed to scrape together enough money for rent this month by selling some stuff and getting some help from family and will find some way to negotiate some way to terminate the lease (there's a section in our lease for this, anyway).

Thanks for the advice, everybody.
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