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Broken Apt. lease


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Question in a nutshell:

1. I broke an apt lease in 8/02 in TX. I was in the 12th month of a 14th month lease.

2. A collection showed up on my CR in 11/03. I got the first letter in 2/05 after I disputed my CR. They say I owe $3900. I DV'd them. They haven't responded yet.

3. The 2nd letter came today saying that I can pay to delete. If I don't take them up on their offer, they said they will send it to another collector and mark it "no settlement accepted". That way the new collector won't make any deals with me.

4. What is the SOL on an apt lease? I now live in GA.

5. What strategy do you recommend to handle this?

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Question in a nutshell:

1. I broke an apt lease in 8/02 in TX. I was in the 12th month of a 14th month lease. you should only be liable for a maximum of 2 months rent, unless your contract had any fees or charges specified for breaking the lease or cleaning charges

2. A collection showed up on my CR in 11/03. I got the first letter in 2/05 after I disputed my CR. They say I owe $3900. I DV'd them. They haven't responded yet.

3. The 2nd letter came today saying that I can pay to delete. If I don't take them up on their offer, they said they will send it to another collector and mark it "no settlement accepted". That way the new collector won't make any deals with me. load of BS, ignore them and their 'threats'

4. What is the SOL on an apt lease? I now live in GA. 4 years for TX dont know GA

5. What strategy do you recommend to handle this?

you should first contact mail CMRRR) the apartment and demand a statement of your security deposit, if they have not sent that to you. also ask for an itemised statement of all fees and charges. ask for a full copy of the contract. dispute that you owe them the money. then come ask more questions :)

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Don't know about TX, but landlords here are bad. If you break a lease, they take your security deposit, charge you 2 months rent and a penalty, usually around $250-$500.

Break a lease, you wind up losing anywhere from $2000 to $4000, depending on where you live.

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Additional question: I DV'd the collection agency about the apt lease balance. They sent me a letter stating that they have received my dispute letter and they want me to send them another letter, but this time sign it and send a copy of my drivers license. They said that once they receive this new information from me, they will respond to the DV. Is this required by law?

My question: If they want proof that it is me asking, how could they have verified this info with the CRA's? How should I proceed with this CA?

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This is a load of "Stuff". You do not have to send them any form of ID. It is now their responsibility to respond to your DV. The torch is in their hands now. They may want your signature simply because they want to forge it.

As was mentioned, you need to check TX Landlord/Tenant Laws to assure they proceeded in the proper fashion. Some states require that the tenant be notified in writing, by the Landlord, within a definite period of time and if not, the tenant is not liable. Do not obligate yourself until you have absolute proof of everything. I agree with the others that they are only able to charge you the 2 months minus any deposits for any balances due, and maybe a fee of sorts.

Therefore, I would ignore their letter and wait the 35 days then send another DV, reminding them of the first, as was mentioned. True, they do not have to ever respond, but, they do have to cease all activity until they do comply, which inlcudes noting the TL as "disputed". Yes, you could respond to their letter by informing them you are not required to give out your personal info and the proof lies with them, etc., and include the respective laws, but, it is entirely up to you. The GA laws for Landlord/Tenants will not apply, but, the SOL would.

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Big thing stands out here...

You DV'd them and they have not responded to that. Then they sent another dunning letter. That's a violation of the FDCPA straight out for continuing collection activity without responding to the validation demand.

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