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2 years ago I moved to another state. I Stayed to the end of my lease, paid rent in full on time the entire time I lived at the complex I was at. Lest the apartment clean and in good order, even had the carpets steam cleaned before I left. I gave notice I was moving 3 months before I moved, then again the following month when I went to pay rent because the office said they did not have a copy of the first notice. The office kept trying to get me to renew my lease, calling several times a month the last 3 months I was there. I left in December and in January, less than 20 days after I moved, was contacted by a collections agency that I owed a months rent for failure to provide adequate notice. I was floored, they asked if I wanted to contest it, I told them I did, contacted the complex and was told they didnt have to accept my 90 day notice as it was too far out, and they claimed to never have gotten the other letter I took to them. I had people with me both times I stopped at the office and dropped those letters off, but other than the date stamp on my computer showing when the letter was created, I never got a copy of it, heck I never even got a copy of my lease even though I asked for it repeatedly. I thought the whole thing was over as I had not heard anything from the complex or the collections company for 2 years but just recently my Husband and I started looking for our first house and the mortgage company said this debt was there in a disputed status and we could not go forward until it was cleared. How can they do this? Is it legal? I paid every dime of my lease, gave them notice twice I was moving out, yet they demand this money, even telling me it would be so much easier for me to just pay it, and if I ever want to get a mortgage doesn't my first home matter enough to just pay them? Well...I'm not one to be bullied, and I'm fighting this, I've contested the debt with all three credit agencies now, but how can this be legal? How can they lie like this and claim I never gave them notice when I did twice and then try to charge me a months rent? I feel like I'm being blackmailed.
2 years ago I moved to another state. I Stayed to the end of my lease, paid rent in full on time the entire time I lived at the complex I was at. Lest the apartment clean and in good order, even had the carpets steam cleaned before I left. I gave notice I was moving 3 months before I moved, then again the following month when I went to pay rent because the office said they did not have a copy of the first notice. The office kept trying to get me to renew my lease, calling several times a month the last 3 months I was there. I left in December and in January, less than 20 days after I moved, was contacted by a collections agency that I owed a months rent for failure to provide adequate notice. I was floored, they asked if I wanted to contest it, I told them I did, contacted the complex and was told they didnt have to accept my 90 day notice as it was too far out, and they claimed to never have gotten the other letter I took to them. I had people with me both times I stopped at the office and dropped those letters off, but other than the date stamp on my computer showing when the letter was created, I never got a copy of it, heck I never even got a copy of my lease even though I asked for it repeatedly. I thought the whole thing was over as I had not heard anything from the complex or the collections company for 2 years but just recently my Husband and I started looking for our first house and the mortgage company said this debt was there in a disputed status and we could not go forward until it was cleared. How can they do this? Is it legal? I paid every dime of my lease, gave them notice twice I was moving out, yet they demand this money, even telling me it would be so much easier for me to just pay it, and if I ever want to get a mortgage doesn't my first home matter enough to just pay them? Well...I'm not one to be bullied, and I'm fighting this, I've contested the debt with all three credit agencies now, but how can this be legal? How can they lie like this and claim I never gave them notice when I did twice and then try to charge me a months rent? I feel like I'm being blackmailed.
Why did you not actively start fighting the collection when they first contacted you. Did you get ANY proof of giving notice? 90 day or correct second notice.
You can go to court. Subpoena their records for your apartment. If the place was rerented after you moved they can't charge you that supposedly missed rent.
Actually the complex acknowledges they received the notice but they are saying that because I told them there was a chance I might have to stay through January (I was awaiting confirmation of orders as I was moving with my sister whos husband is in the Airforce) if the orders did not come through, but they did and I did not need to stay an extra month, something I told them in November as I had promised to let them know and make arrangements for going month to month. I never did though, the orders came through and I moved out in mid-December as planned. They are now saying, since I had proof of the notice and it was in their own files, that I am responsible for January rent even though I moved out in December and obviously never made any arrangements to go month to month with them.
Actually the complex acknowledges they received the notice but they are saying that because I told them there was a chance I might have to stay through January (I was awaiting confirmation of orders as I was moving with my sister whos husband is in the Airforce) if the orders did not come through, but they did and I did not need to stay an extra month, something I told them in November as I had promised to let them know and make arrangements for going month to month. I never did though, the orders came through and I moved out in mid-December as planned. They are now saying, since I had proof of the notice and it was in their own files, that I am responsible for January rent even though I moved out in December and obviously never made any arrangements to go month to month with them.
Wait...so you didn't actually give a binding notice? Informing them that you are probably moving but might want to stay if things fall through is not the same as giving notice. When you "told" them in November that you were moving forward with your plans to terminate, did you do so in the required manner--for example, in writing to the appropriate individual? Did your lease require 30 days or 60 days notice to terminate? Most leases are written such that they automatically become month-to-month upon the expiration of the original term.
Long story short: it sounds to me like you might actually owe the money under the terms of your lease.
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They have the notice
