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This is all before I knew about this site or anything regarding collection but is currently happening.

I had a lease for a year with an apartment complex. The day the lease was up I was loading my Uhaul up and got a phone call from the apartment complex asking me if I was going to renew my lease. I laughed and said uhh no, I am moving out as we speak. They then informed me that they require a 60 day WRITTEN notice before all moveouts.

We went back and forth and of course I moved.

The previous six months I had been bringing a cashiers check for rent directly to the assisant manager telling her that I couldnt afford it and couldnt wait till my lease was up in January. I did that every month for 6 months prior to moving out.

Anyway I received a letter from them with a bill for $1958.96 which was the two months rent due. Wrote back to the assisant manager and reexplained everything to her in a letter which she is fully aware of.

Thge next lettter I received is from a local collection agency stating that the account had been 'placed' with them for collection. My cousin is a real estate lawyer but not too helpful usually... this time he said hed throw off a letter to the collection agency.

Quick Version of letters:

He did demanding that they cease and desist.

They responded that they would not..

He sent off a letter to settle for $500

They responded with a counter of $1600

Thats where I am now.

The other thing that is relevant is that my Uncle was a cosigner on this rental agreement... i.e. he got me in because of my bad credit.

My question now is... do I even owe this collection company anything?

Where should I go from here.

My concern is my Uncles credit... he has perfect credit and I dont want to get anything on it....

Any advice on how to handle it from here would be great.

Thanks, Peter

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What does your lease say? Many leases will hold you responsible if you do not live out the full term of the lease. Is there a mention of giving 60 days notice before moving out?

It seems odd that they'd go to a collection agency that quickly. Most will haul you into court for unlawful detainer if they're claiming you owe them rent.

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A similar thing happened to me. I did know about the 60 day clause and gave them 75 days notice. However, on the DAY I was moving out, literally returning the key to them after final inspection of my apartment, the manager said she needed to speak with me. Since they gave me a "gift" for signing the lease of two months free rent, and I had not fullfilled the lease (only about 6 months of it), I owed them that money back - and I had 7 days to pay it. I was livid! Talk about a rip-off. They had 75 days to tell me this and just noticed it on the day I was moving out. I had just bought a house and spent tons of money on appliances and fixtures. However, I just wrote them a check and called it a day. What goes around comes around, and boy did it come around...they had some really bad press about their apartment complex which made a lot of people move out. Not by me I might add :). But I couldn't help but think "serves them right!".

In my opinion, I would just settle and move on. I know that's not what anyone wants to hear, and believe me I hated parting with the money myself at the time, but you don't want that on your credit if you can help it. Or them coming after your uncle. Apartment leases are the worst - it only helps them and never helps you.



Edited by kevin3344
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Your state law may have something to say about it. Some states specifically say that you are only required to give 15 days, and may make the provision illlegal.

As far as the CA bothering you-

If your brother sent them a written C&D and they refused, they are in violation of the law. I would give them plenty of rope to commit violations and then I would sue to offset the debt.

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