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Thread: Help!!

  1. #1
    Veteran Member josie's Avatar
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    Default Help!!

    This is what's happening to me:

    About two years ago I signed up for a 12 month lease in an apartment building. I paid my rent, in full, on time, every month. I moved out 1 month early, left the apartment spic'n'span, and still paid the last month's rent. The only part I skipped: giving the move out notice 30 days in advance. Ooops. Well, the apartment's company sent me to collections for two month's back rent. Even though the full lease is paid off - I just didn't give the notice so they "assumed" I went over into a month to month lease. In their defense, it does say in the lease I am supposed to give written notice when I planned on moving out.

    Obviously, that is just a tiny loop hole in the lease contract designed so the company can make a little extra money.

    Did I explain my situation clearly? How do I get out of this mess?!!


    Help!

  2. #2
    Banned Melonie's Avatar
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    Default Re: Help!!

    ^^^ unfortunately, by the letter of the law you don't. Without providing written notice that you would be moving out, the requirements of which were clearly spelled out in your lease contract, you supplied 'tacit approval' to the landlord of your intention to continue renting on a month-to-month basis. As such, you are now subject to the landlord's month-to-month rental terms. You could try to take the issue before a small claims court. However, the landlord's attorneys are going to point out that your failure to provide written notice under the stated terms of your lease prevented them from advertising in advance for a new tenant ... thus your (in)action resulted in a loss of revenue for the landlord that they are entitled to be compensated for via applying month-to-month rental terms to you once the time period of covered by the lease had expired. You might catch a break in small claims court ... particularly if your state courts have a history of siding with tenants. On the other hand, you might not.

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    Veteran Member josie's Avatar
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    Default Re: Help!!

    Thanks for your advice Melonie.

    I informed the collection's company that they would be hearing from my attorney (I actually don't have an attorney...but it sounded like the right thing to say). At that point the woman I was talking to, who was already very rude (are collector's supposed to be mean?) became VERY defensive.

    I'm hoping the threat of an attorney will encourage them to scrap the debt I owe them, as it would be more trouble for them to go to court with me over a mere $800 than its worth, especially for a giant real estate corporation.

    Also, it doesn't say anywhere in the lease that with out 30 day notice I am considered a month-to-month renter. In fact, under the terms I left the apartment, I would have "surrendered" the apartment according to the lease.

    I'll see how this works out. Haha, I finally feel like real adult now! My first debt collector is coming after me.

    Does anyone know the proper protocal for disputing a debt with a collection agency?

    Thanks! -Josie

    PS: Melonie, you look very much a like a feature dancer than came through my club about 2 1/2 years ago. Does Bouzouki Club ring a bell?

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    God/dess VenusGoddess's Avatar
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    Default Re: Help!!

    Actually, depending on where you live, they can sue you for x amount of months AFTER your lease expires if you fail to give them proper notice that you are moving out.

    I hate to say this, but you're screwed. You may want to talk to them and offer to pay for 1 month if they forgive the 2nd month...but legally speaking...You signed a contract to pay for an apartment AND to give notice upon your intent to leave said property. (Note that this convo should go on with the apt. mgmt company who sent you to collections...NOT with the collection agency).

    I would suck it up to a screw up on your part and just pay the money.

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    God/dess
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    Default Re: Help!!

    I agree with VG why go through the hassle. The owners have work to do as well and I would think they should be respected equally , it takes time to get these places ready - advertisment - showings etc . Its tough all around here and I feel for ya . Chalk one up for experience . .

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    Banned Melonie's Avatar
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    Default Re: Help!!

    agree with the others that attempting to 'settle' this is much more likely to result in you saving money in the long run than playing 'hardball' and eventually 'losing' anyhow.

    And yes I did make a 'farewell tour' through southern Michigan and Indiana a couple of years back, although the club name you mentioned didn't ring a bell (but hey, I'm getting older ... senility setting in probably !).

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    God/dess VenusGoddess's Avatar
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    Default Re: Help!!

    ^ Could have been a different club name 2 1/2 years ago, as well.

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    God/dess VenusGoddess's Avatar
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    Default Re: Help!!

    I would also like to add that if you decide to play hardball, its not the lease company that will be out more money, it will be YOU. I have leased/rented apartments for YEARS...and the "generic" forms all have a lease option going to month-to-month option automatically. If you are dealing with a big mgmt company, I can guarantee you that you may have overlooked that clause. Its in there...it may be legal mumbo-jumbo, but its in there. No landlord would give the tenant the option of moving out with no notice.

    BTW...if this company decides to sue you, they'll win. They won't be out the money to sue you because within that judgement the judge will make YOU pay for the back rent...the mgmt lawyer fees, AND the filing and court costs. So, YOU will be the one out several thousands dollars as opposed to just paying the $800 that you LEGALLY owe.

    So, just wanted to make sure that you are completely aware of what could happen should you decide to "try" to play hardball.

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    God/dess Deogol's Avatar
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    Default Re: Help!!

    This is why I don't rent from large companies anymore. At least some small fry is glad you cleaned the apartment on the way out. The large company is going to send in a cleaning crew as due course anyhow and charge your deposit for it.

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    Veteran Member josie's Avatar
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    Default Re: Help!!

    Yeah, I totally learned the hard way. NEVER rent from a giant corporate apartment building. I am going to drop by there office, with lots of documentation, to see what I can do. The least I can ask them to do is to make sure that collection company never corresponds with me again. And thankfully, I have an attorney pro bono (ahh the many perks of being a stripper) to help me with the legallise.

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    God/dess VenusGoddess's Avatar
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    Default Re: Help!!

    ^ More than asking them to recall the dogs, tell them you'll pay the $800, but ALL NEGATIVE marks from them or their collection agency must be REMOVED.

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    Featured Member Katherine's Avatar
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    Default Re: Help!!

    Good point VG. A mark on your credit would be really really bad. Especially as it's in regards to rent. It'll make it difficult to get another apartment anywhere. I live in queens, and to get into my building I needed to have a 650 or higher score with no judgements.

  13. #13
    Veteran Member josie's Avatar
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    Default Re: Help!!

    Quote Originally Posted by josie
    Yeah, I totally learned the hard way. NEVER rent from a giant corporate apartment building. I am going to drop by there office, with lots of documentation, to see what I can do. The least I can ask them to do is to make sure that collection company never corresponds with me again. And thankfully, I have an attorney pro bono (ahh the many perks of being a stripper) to help me with the legallise.
    Looks like I need some help with my spelling too, jeez.

    Thanks for all the great help ladies!

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