Apt. collection

[new mom]

I signed a lease for an apartment and less than 24hrs I informed them that I had to leave town due to a death in the family. I had not done the official walk thru or had the utilities transfered into my name. They stated to me that they do not have a clause for this in the lease and they would get with their regional mgr to see what they could do. To make a long story short, they sent me to a collection agency stating that I owe them almost $1600 when I had already paid them over $1100 to move in. The collection agency has reported this on all 3 bureaus. I understand them keeping the $1100 but me owing any additional money is crazy and I never moved in. They could have re-leased the apt because they had a waiting list for 2bdrms. They also stated to me that the three day clause to cancel a contract didn't apply to me. How do I fight this; any help will be gladly appreciated.

[joanneb1253]

Don't know about your state but here in Colorado they have what they call "Unenforceable clauses". I had a land lord demand payment for breaking "his" lease even though I gave thirty days. Took him to small claims for my deposit back. Won because he no showed. He still did not pay as per court order so I called the judges office and was told to file a request for payment through the court. The landlord waited until the last day to pay, but I did get my deposit back in treble the amount.

I strongly urge you to contact the suggestion above. I did here in Colorado when I was having problems and they were very supportive and very helpful. Like collectors, a few landlords push the envelope because folks don't know their rights.

[new mom]

Here's a link to the Alabama Apartment Association website. There are a couple links under the legislative section that may help:

http://www.alabamaapartmentassociation.com/

Thanks! I'll take a look at it.

[new mom]

Don't know about your state but here in Colorado they have what they call "Unenforceable clauses". I had a land lord demand payment for breaking "his" lease even though I gave thirty days. Took him to small claims for my deposit back. Won because he no showed. He still did not pay as per court order so I called the judges office and was told to file a request for payment through the court. The landlord waited until the last day to pay, but I did get my deposit back in treble the amount.

I strongly urge you to contact the suggestion above. I did here in Colorado when I was having problems and they were very supportive and very helpful. Like collectors, a few landlords push the envelope because folks don't know their rights.

I have to agree with you about the landlords pushing the env on this one. I refuse to let them milk that amt of money out of me. If I have to take them to smalls claims court I will. Thanks

[SOC]

i think your talking about contract law, and since you never moved in, then the contract would not had been acted apon. I could be way off but it may be something to check into.

[new mom]

i think your talking about contract law, and since you never moved in, then the contract would not had been acted apon. I could be way off but it may be something to check into.

I never thought of that. Thanks, it will be something that I'll look in to.

[Robert Nashville/Savannah]

While I’m not an attorney nor have I stayed at a Holiday Inn Express recently; I think a lot of you are confusing fairness/moral issues with legal ones.

If I understand correctly, the original posted did enter into a contract and the apartment complex did nothing to void and/or not perform their duties under the contract.

If the above is true, then I believe the OP is legally obligated to her performance under the contract regardless of whether she ever moved in or not and regardless of the circumstances that prevented her from taking possession of the apartment and under those circumstances, the apartment is entitled to keep and/or demand payment that is allowed in the contract when the renter breaches the agreement.

Now, let me say here that landlord/tenet law varies GREATLY from town to town so there may well be some law in that location that would provide and “out” for the OP. But unless there is, I think the OP is truly on the hook for this.

SO….my advice would be for the OP to either contact a landlord/tenet attorney in that town to find out what her legal position truly is and/or to try and reach someone in authority with the apartment rental company and ask for a little leniency…a little compassion.

If you don’t and or if that doesn’t work then I believe the OP will either have to pay what is being asked or face the consequences of not paying.

[new mom]

While I’m not an attorney nor have I stayed at a Holiday Inn Express recently; I think a lot of you are confusing fairness/moral issues with legal ones.

If I understand correctly, the original posted did enter into a contract and the apartment complex did nothing to void and/or not perform their duties under the contract.

If the above is true, then I believe the OP is legally obligated to her performance under the contract regardless of whether she ever moved in or not and regardless of the circumstances that prevented her from taking possession of the apartment and under those circumstances, the apartment is entitled to keep and/or demand payment that is allowed in the contract when the renter breaches the agreement.

Now, let me say here that landlord/tenet law varies GREATLY from town to town so there may well be some law in that location that would provide and “out” for the OP. But unless there is, I think the OP is truly on the hook for this.

SO….my advice would be for the OP to either contact a landlord/tenet attorney in that town to find out what her legal position truly is and/or to try and reach someone in authority with the apartment rental company and ask for a little leniency…a little compassion.

If you don’t and or if that doesn’t work then I believe the OP will either have to pay what is being asked or face the consequences of not paying.

I've spoken with an attorney and they advised me that I may have to take them to small claims court due to the lease not having a clause for this and I never took possession. Before thinking about taking them to court, I tried to ask for leniency several times with the billion dollar company that owns the apartment but they never responded or ignored it. I am very aware that I had already signed the contract but I just don't see how I would have to pay additonal money when they released it out to someone else anyway. If it comes down to it I'll have to negotiate a settlement because I don't want this on my credit and want to be able to purchase a home within the year.

[gator944]

I believe SOC is correct about acting upon the contract. The contract (lease) was never executed by taking posession of the apartment. In my opinion, it would be the same as buying or leasing a car. If you never take delivery of the car, even though, you signed all the paperwork, it is never yours. Therefore, by never taking delivery, or executing the contract, you are entitled to any and all funds put down on the contract unless the contract says these funds are not refundable if contract is not executed.

Just my $.02 worth.

[CleverCynic]

I don't quite understand the original problem. You had to leave town for I'm guessing 3 to 5 days? Didn't you still need a place to live? Sorry about your loss!

[Flyingifr]

I signed a lease for an apartment and less than 24hrs I informed them that I had to leave town due to a death in the family. I had not done the official walk thru or had the utilities transfered into my name. They stated to me that they do not have a clause for this in the lease and they would get with their regional mgr to see what they could do. To make a long story short, they sent me to a collection agency stating that I owe them almost $1600 when I had already paid them over $1100 to move in. The collection agency has reported this on all 3 bureaus. I understand them keeping the $1100 but me owing any additional money is crazy and I never moved in. They could have re-leased the apt because they had a waiting list for 2bdrms. They also stated to me that the three day clause to cancel a contract didn't apply to me. How do I fight this; any help will be gladly appreciated.

Let's see.....

You signed a lease and informed the landlord within 24 hours that you would be breaking it. The landlord has a waiting list for the size apartment you leased.

The simple principle of law here is that the landlord has the absolute obligation to mitigate damages, and with a waiting list that would have been easy to do. All the landlord had to do was get out that waiting list and start making phone calls.

At the very worst, the apartment would have been empty a month, due to your not taking possession and the next tenant's ability to take possession, which is usually done at the beginning of the month.

You put down $1100 Security Deposit and the landlord is claiming an additional $1600, supposedly in lost rents. I would make them give you a full accounting of all of this. How much was the rent in your lease? I would assume, given the facts you state, the maximum loss the landlord would have sustained would be one month's rent.

[new mom]

I don't quite understand the original problem. You had to leave town for I'm guessing 3 to 5 days? Didn't you still need a place to live? Sorry about your loss!

I didn't know how long I was going to be out of town due to my mother being in a catatonic state for my father being killed by a teenage drunk driver and I needed to take care of the arrangements plus all other personal business. I figured I could get a place whenever I got back because my furniture was already in storage. I ended up being gone for a couple of months. They informed me that they rerented the place out but that I would have to pay fees which coincidently the same amount as the rent, a months worth of rent and the concession fees for the discounts they gave. I stated to them that means that you will be getting paid twice and they stated no. Yea right! They have given me the run around on this and that is why I don't believe I would have to pay this additional money. I do plan to get to the bottom of it with positive results and hopefully it won't take forever.

[new mom]

Let's see.....

You signed a lease and informed the landlord within 24 hours that you would be breaking it. The landlord has a waiting list for the size apartment you leased.

The simple principle of law here is that the landlord has the absolute obligation to mitigate damages, and with a waiting list that would have been easy to do. All the landlord had to do was get out that waiting list and start making phone calls.

At the very worst, the apartment would have been empty a month, due to your not taking possession and the next tenant's ability to take possession, which is usually done at the beginning of the month.

You put down $1100 Security Deposit and the landlord is claiming an additional $1600, supposedly in lost rents. I would make them give you a full accounting of all of this. How much was the rent in your lease? I would assume, given the facts you state, the maximum loss the landlord would have sustained would be one month's rent.

My thoughts exactly and they already had the rent because it was the first of the month when I was suppose to move in. That is why I stated that I would understand if they kept that month of rent along with the security deposit because they didnt lose out but I think thery are trying to be greedy even though they got a free $1100.

[wahoo238]

You might find some usefull info here: http://www.rentlaw.com/

[isislc]

Ok now why doesn't the 3 days to cancel the contract apply to you? Do you still have a copy of the lease agreement you signed? I would look it over real good and see if there is anything in there as to how long you have to cancel the contract if any. If it says you can cancel and there is nothing in there removing such a clause then you may have a case to take THEM to court and win on a technicality no matter what they claim. It's right there in writing and it's signed.