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I moved out one month early on a six month lease. There was more than one violent crime in the apartment complex and I could not stay with special needs kids. Only drug users would actually want to live next to drug dealers. After evicting the drug dealers, the new manager let them move right back in with a fake lease in somebody else's name.
I did not have the $699 to pay last month's rent because I had to rent another place for my kids and I. The manager orginally agreed to let me out of the lease but of course changed their mind after I moved out. So now I am stuck with a $2600 charge on my credit report that is not an eviction and is not damages but it just looks bad.
Any legal ways to deal with this? Anyone have this happen?
I no longer live in the same state so trying to speak to another attorney will not help. I used the free attrorney from my university but got no response. Complex was walking distance from my college. I didn't know how bad of a reputation it had until I used the address to try to find a part time job.
Complex has now had three owners since then but still trying to collect on the debt (by keeping me homeless) or that I am stuck with extended stay motels that ask no questions (not okay).
The legal way to get out of having a $2600 debt shown on your credit report is to either pay it or to get it erased. You are also allowed to have an explanatory letter attached to your credit report, if you can't get a situation resolved. But I think you need to attempt to get the charge erased first.
To get the charges erased, you need to know the exact nature of the charge. If your rent was $699 and you skipped out on one month, your debt should be exactly that--$699, plus perhaps a lock-changing fee and a small collection agency administrative fee. $2600 means there are other charges involved. The collection agency must tell you what they are, or give you contact information for the party owed so that you can get the explanation from them. The party owed may not be your landlord. It could be a court.
It is possible there was a mistake or typo in calculating the debt owed. If this is the case, the collection agency must correct their records and notify the credit reporting agencies promptly.
If the charges are legitimate, you may be able to negotiate with either the party owed or the collection agency. Oftentimes the party owed will offer a 'settlement' offer--a substantially reduced price in an effort to get you to pay something.
If you feel the charges are unfair you can appeal to a court for intervention. The court in question would probably be called the Office of Administrative Hearing or some such similar department. This would be in the state in which the debt is owed. You can usually file a request for a court hearing over the telephone, mail, or internet, and oftentimes can request to 'appear' over the telephone if there are special circumstances (such as the fact that you are out of state and a single parent).
If all of these efforts don't work, your only recourse is to negotiate a payment plan with the collection agency. If the collection agency agrees to payment plan, the debt should appear on your credit report similar to a credit card--showing a balance owed, payment terms, and your on-time payments (assuming you pay them on time).
As said previously, you can attach a letter of explanation to your credit report. But that explanation really needs to be a good one. The explanation you've provided so far, I don't think, will help you. The landlord has most likely met their obligation to provide a safe property. As far as residents go, they can only act on known information--criminal convictions, not accusations; credit histories of the names appearing on the lease, not suspicions that someone else will live there. Beyond that, their obligation is to take basic measures about property safety--outdoor lighting, locks on doors and windows.
Furthermore, it sounds like your departure was not merely because of the neighbors but because you left to attend school in another state. If this is true, you can't blame everything on your landlord, and you'll have a harder time convincing anyone to reduce the debt owed if your reasons for breaking your lease were personal ones.
Kodaka, the debt is not entered as a judgment and they never went to court but I will try that way. I will keep looking at those options.
Lady with a fan, maybe you are right. I should have somehow known it was a ghetto place right by the college.
Sorry but I'm fixing the problem. I have the right to have a roof over my head and buy a home in the future despite some criminal activity in the complex where I lived. Section 8 and housing assistance is not an option so I have to take care of it.
What about your security deposit? I'll assume you paid one, even the worst complexes secure an SD.
Now, in what condition did you leave the unit? Even on an early termination a walk thru review can be requested.
I see some steps you could have taken to some what protect yourself ,but see no mention of any. In order to obtain a judgment for $2600. debt he showed some kind of proof.
When the LL agreed to let you out of the lease early, it should have been in writing never trust anyone on their word, particularly because you were moving out of state. You provided the LL with your new address correct?
When the court summons came in the mail that was your opportunity,
to attend, defend yourself and state your case win or lose. Now your only option is to appeal. No credit reporting agency will remove the debt on your word even with proof, a judgment is a judgment. What do you plan to do if the LL goes for a wage attachment?
Request an itemized statement from the LL where you rented, ( you should have been provided one) in some states the LL can be penalized if they haven't complied with the Landlord Tenant Law.
There are so many unanswered questions here, you really do need some legal advice.
EDIT
Just saw this isn't a judgment, I would still seek legal counsel
Quote:
Originally Posted by insearchorightplace;11788761[I
]I moved out one month early on a six month lease. There was more than one violent crime in the apartment complex and I could not stay with special needs kids. Only drug users would actually want to live next to drug dealers. After evicting the drug dealers, the new manager let them move right back in with a fake lease in somebody else's name. [/i]
I did not have the $699 to pay last month's rent because I had to rent another place for my kids and I. The manager orginally agreed to let me out of the lease but of course changed their mind after I moved out. So now I am stuck with a $2600 charge on my credit report that is not an eviction and is not damages but it just looks bad.
Any legal ways to deal with this? Anyone have this happen?
I no longer live in the same state so trying to speak to another attorney will not help. I used the free attrorney from my university but got no response. Complex was walking distance from my college. I didn't know how bad of a reputation it had until I used the address to try to find a part time job.
Complex has now had three owners since then but still trying to collect on the debt (by keeping me homeless) or that I am stuck with extended stay motels that ask no questions (not okay).
Kodaka, the debt is not entered as a judgment and they never went to court but I will try that way. I will keep looking at those options.
It may not appear as a judgement on your credit report.
A few years ago I ended up with a warrant and court fees on my credit report over a traffic ticket. The court had bungled my address so badly that I never received any of the notifications that there was a court proceeding involving me. The warrant was issued and the collection of court fees was turned over to a collection agency.
It was only because I checked my credit report and found a debt owed to an entity I'd never heard of that I learned about all of this. I contacted the collection agency, got the name and phone number of the judge overseeing the case, and called them. I asked for copies of the letters they'd sent to me, and when I received those copies, I pointed out all of the errors in my address--they had my name wrong (middle name, last name, first name--instead of the way it should have been), my street name was wrong, my apartment number was wrong, my city was misspelled, they didn't use the USPS state abbreviation, and the zip code was missing a number. The judge dismissed the court fees and the warrant against me.
My point is, the landlord could have gone to court without you knowing about it, and if a judgment was made against you, it may not appear as anything different than a debt to a collection agency.
As far as having a right to a roof over your head, well that could be disputed. You aren't going to accomplish anything by expressing anger or attitude. A landlord has a right to run a profitable business.
It's very possible that you are being assessed for all the remaining months on the initial lease. Getting verbal approval to move early doesn't automatically stop the lease terms. While the landlord is obligated to minimize the damages, (try to rent it out), if he was unsuccessful, you are still required to pay. Having only a verbal agreement to terminate the lease and the property being sold, it was sold with all leases; the new owner would have had no way of knowing you had a verbal agreement.
It sounds as though you need to head into small claims court or hire an attorney. Contact the bar association of the locality where you used to live and ask for lawyer referral services.
just moved in my apartment paied all fees, which enclued brokers fee first and last months rent. however my lease still is not sign. plus ive just found out this buliden is rent stablized.
Last edited by Ultrarunner; 01-03-2010 at 12:55 AM..
just moved in my apartment paied all fees, which enclued brokers fee first and last months rent. however my lease still is not sign. plus ive just found out this buliden is rent stablized.
Who didn't sign... you or the Property Manager?
I'm curious on your selection process. What made you decide on this property?
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