Lease on Apartment

[vickinicole]

I left my apartment in December 2007 with 2-1/2 months left on my lease.

i turned in the keys and the apt. manager said they would send me a bill.

They sent me a itemized bill that totals around $2,400 and includes clean, relet fee, and the 2-1/2 months rent among other things. They did say that if they rented to someone else some of the fees would be reduced.

I don't have the money. They gave me 7 days to pay it or they would file a claim against my performance bond (?) and report it negatively to the credit bureaus. That was 3 weeks ago.

I would like to write a letter to the complex requesting a payment plan of about $75 a month till it's paid down. Does anyone have any suggestions on what it should say? Or even what SEARCH TERMS I can use on this FORUM to find such a letter?

[someonesomewhere]

I would first call the complex and ask something like, "Look, I don't have the money to pay in full, otherwise I would have paid it. But I want to set up a payment plan and resolve this. If y'all report this to the credit bureaus as a collection, then there's not a lot of motivation for me to jump on this anytime soon, and it's going to end up costing you money. The collection agency will take a cut, and if you decide to sue me, you'll have to hire a lawyer. Seems in both of our interests to amicable come up with a payment plan in exchange for you agreeing not to report anything adverse to the credit bureaus. Does that sound reasonable? I think we can work together on this."

[isislc]

Another few questions yet from me. What happened to your deposit? Did it get applied to the bill? When did the apartment get re-rented? If the apartment is re-rented before the end of the lease, you can't be charged for that. It's like double dipping. You might want to find this out so you know what's going on.

[vickinicole]

I didnt pay a deposit when I moved in. Just paid $89 for a Sure deposit which I thought was like a deposit, but in fact it was the performance bond. It wasnt explained to me what I was signing.

The apartment complex send me a reply to the letter I sent them and it included a signed copy of the performance bond and a signed copy of the list of items they charged me for. Of course I dont remember signing for either, but that was 2 years ago and I rushed through signing my lease.

They sent me a letter saying that they expected someone to move in on 1/18/08 and the rent would be revised if the move-in occurs.

I'm going to send a letter to the performance bond company asking them NOT to pay the claim. That I didnt realize what I signed. It would probably be better/cheaper for them not to pay it.

I'm going to send a letter back to the apartment complex asking them to accept a payment plan of $50 a month until I am able to pay a lump sum.

If they dont accept it, then I dont know what else I can do. I work full time and am in scool full time. I have no time to pursue anything (legal aid) nor any money to hire a lawyer to pursue anything. The simplest way is for them to accept a payment plan. But they might say $50 a month would take FOREVER to pay off.

[someonesomewhere]

Review their bill for $2,400 and see whether there's anything you think that's debateable or disputable. Might get the final price down some from $2,400.

With them having a renter in there, that will bring the price down further.

$2,400 at $50 a month is 48 months or 4 years. Cashflow of the full amount is more desirable than an unpaid collection, and it ain't forever.

Keep the dialog going. A phone call might help to "humanize" you. If you're close by, and you can arrange to stop by and talk with them in person, that would further "humanize" you. You won't just be Account # 123456789.

[vickinicole]

i reviewed their bill and in my letter to them told them I thought some of the fees were high

there response was to send me a copy of something I signed agreeing to the fees when I signed my lease

they sais they expected to have a renter on 1/18/07

I am expecting the revised bill to be abotu $1800

They know who i am, i just have trouble talking on the phone and in person. I tend to make the situation worse when I do that. I get very emotional, start crying, screaming, etc..

I am much better at writing than I am at speaking

I just want to know what to do about this, I am not trying to get out of paying the bill. I just dont have the money. I can pay on a payment plan to fulfill the obligation, but I am worried they won't do that and will instead file the claim and get a judgement against me and try to garnish my wages and take my car. although my car is financed and I have 2 more years of payments on it.

[jetscarbie]

there response was to send me a copy of something I signed agreeing to the fees when I signed my lease

Just b/c a landlord puts something in a lease....doesn't make it legal. They are only allowed to legally collect what is legal under your towns tenant laws.

My old lease had a statement in my lease that said "if tenant doesn't pay rent, we can change locks and hold possessions until rent and other fees is paid in full"......haha, yeah right.

[vickinicole]

they said I had 7 days to pay the balance due, so I feel rushed to reply to them

i want to avoid court, i want to avoid the performance bond taking affect, and I want to avoid collection activities that can affect my credit.

This is not about fighting them tooth and nail, this is about avoiding actions that could cause further harm to my credit including a judgement taken against me and garnishment of my wages, etc...

I sent them this letter today;

Thank you for responding to the letter I sent 1/10/08. As I mentioned briefly in my previous letter, I am currently experiencing financial difficulty. I do not have any assets or savings to use to settle my debt to you.

However I would like to make a good faith effort to pay on my balance due. I am offering to pay $60 a month until the balance due is fulfilled. In exchange for this payment plan I am requesting that you do not file a claim against my performance bond and cease any collection activities that could damage my credit.

Please send me a revised bill if the apartment is rented out before 2/29/08

If this payment plan is agreeable to you, I will send my payments postmarked on the 1st of each month with the first payment sent February 1, 2008.

I am also going to send a letter to the performance bond company asking them not to pay on the claim since I am trying to work out a payment plan.

[fred333]

I think that was a nice letter. It offered a reasonable compromise. The inly thing I see is that they might want more per month given the large amount owed.