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jhrebik

Member
What is the name of your state? VA/NJ
I had posted this before with no reply, but now there is new info.

I have been in a battle for almost 6 months now about a lease I termed a month early. At the time I moved out, I was looking for money back based on agreements made (which I now have in writing) and a phone call stating that a new tenant was to move in a few days after I moved out. I figured I would have to wait about 30 days to receive my check. Around 30 days later I received a statement saying that I owed almost $1000. I sent a letter asking for clarification, and stating my agreement. Another 30 days went by, and as soon as I had sent out a second follow-up letter, I received a notice from a collection agency.
My next letter to the property went out a few days later, where I asked them to hold off with the collection agency until we could reach an agreement on the balance. I got a phone call from the property a few days later giving me the option to pay a new balance based on such-and-such changes. I asked them to put it in writing and sent it to me. The following week, I received a call from the collection agent, who gave me 15 minutes to pay the original, higher, and disputed balance IN FULL, or he would immediately report it to the legal department for a judgement. I was able to get in touch with someone from the property and they called right away to tell the collection agent to hold off. I called to confirm it, and the collection agents I left messages with never returned the call.
Now I have a BRAND NEW balance, based on the evidence of our “agreement”, which the property NOW admits to having made, and although lower (about $500 now), I still do not agree with it. The property cc’d the collection agent. I foresee having to face the same threats once again. Where is the line drawn? How can I get this cleared up without having to fend off these voracious collection agents????

Since then I have found where I paid a pet deposit of $300, which, although not written well, states that it is refundable. I wrote back asking that they apply this to my balance, and now they say it is not refundable, and also that the monthly pet rent I paid didn't apply to damages either, for which I am being charged almost $300. They once again sent this response to the collection agency, who will no doubt be calling again soon. I am ready to get a lawyer. How should I proceed???

Sorry so long, but it is a big mess with several details!!!!
 


Ouch...

Ok, I am not a lawyer... so take this as strictly opinion.

When you enter into a lease agreement with a landlord, you are resposible for rent for the entirety of the lease period, as well as any cleaning/repair charges. If they let you out of the lease early, it should have been in writing(sounds like it may have been).

Any charges at the end of the lease, like for cleaning and damages, should be itemized by the landlord, and unless you can repudiate them, you are far better off paying them and putting this thing behind you.

Call the Property, tell them you will pay your balance, and confirm that nothing has been reported as a collection on your credit report.

Seriously, this probably is not worth the headache...
 

jhrebik

Member
I truly appreciate your response. The fact is, they did agree to work with me, but then went against their own agreement. Now, I have been given 4 balances by them, each as a response to my evidence. Now they say that a deposit that I paid is not refundable, but the written agreement says it is. A friend told me that intentionally with-holding a deposit is grounds for remunneration. Should I just send it back to them in writing with a check for the balance? I am truly tired of dealing with this, but having for 3 months expected a refund, especially after 3 months of unemployment, and then to have to this come up, it is appalling.
 

jhrebik

Member
I suppose I could add, too, that I supplied a replacement. My boss was going to assume my lease, then sign a year renewal, but upon hearing that they were going to work with me, I told him to go ahead and move in. The "losses" they suffered were gratuitous. Same as being upheld for a "no-show" charge at a hotel. Is this just "big business" going after the little guy, or do I really not have a leg to stand on?
 

jhrebik

Member
I guess I need to move pretty quickly on this. Any suggestions for finding a lawyer soon who has experience in this area???
 
I feel your pain. You might check some out in your area, but if it is a small amount, not that many would jump at it, methinks. If you know anyone that knows a lawyer, perhaps they could help.

If you would be getting quite a bit back, I say do this in small claims court. If you have agreements in writing, that is good for your case.

If the amount they will owe you is very small, say less than a couple hundred bucks, you may want to just send them a letter registered mail that states your case, provides copies of the agreement, and says that you will pursue legal action if they do not make things right (I paraprhase).

You should call a few lawyers, though, and see if any will help. If they want to charge you, then weigh the costs, and see if you can get this done on your own.

Good Luck!!
 

jhrebik

Member
I understand the law states that a landlord must return your deposit within 30 days of your move, or you can sue them for twice the amount plus interest, etc. Should I just pay them what they are asking for now and then take them to small claims court for that, or use the info to try and get this straightened out?

Talked to a lawyer today who wants $250 to write them a letter. I'm in the wrong business!!!!
 

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