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 Posted: Mon Apr 28, 2008 3:29 pm |
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Due to Financial hardship I was unable to pay my Sept 2007 rent. I had a verbal agreement with the prior property manager that if I voluntarily moved out that he would cancel the eviction proceedings and payment arrangements could be made toward the Sept rent. Thereafter I was inconstant communication with the manager and leasing office and informed them of the day that that I would move out. On the move out day, I went to the office to turn in my keys and was told that there was no record of my move out and that the old manager no longer worked for the company was sold, new leasing staff now occupied the office. Needless to say, I turned in my keys and the walk through was complete, later I got a bill in the mail for 6K with included charge for vacating the property and the cost to release the apartment. I called the new management to discuss the billing and they said that since nothing was in writing and the old manager no longer worked for the company that the debt is valid. The collection agency is threatening to garnish my wages and they refuse to but a payment arrangement on the undisputed balance (sept rent) in writing and said that even if I paid the undisputed balance, I would still owe the remaining portion unless I could prove otherwise. What should I do?
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UncertainWhat2do
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JCEMT
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| Posted: Mon Apr 28, 2008 4:17 pm |
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I had to go through something kinda similar and I'll tell you this. If it isn't in writing it didn't happen. That's the stance they are going to take on it.
When I had my youngest son we were told that we could either move out or rent a larger more expensive apartment. So I told them we will moved. We cleaned the apartment, moved and turned in our keys. We even gave them a forwarding address.
The ended up forwarding the account to a collections agency. We got in contact with the same manager who claimed to have no recollection of the entire conversation and that it was against company policy to agree to those terms and that if she had agreed to that I would need a recording or have it in writing.
I learned a huge lesson. They will put it on your CBR and they will also put it on the report that landlords use as well. I forgot what it is called.
I would get ahold of the lease agreement because that is what they are going to hold you accountable to.
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FYI
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| Posted: Mon Apr 28, 2008 5:18 pm |
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I agree that if you don't have it in writing, as far as the new management is concerened, you never had an agreement and if the old manager did not tell them of the agreement, it would be like it never happened. You could try talking to the new managment and see if they would come to some type of compromise, but unless the old manager would stand up for you and say yes this is what transpired, I don't know what you could do.
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2nband
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| Posted: Tue Apr 29, 2008 12:37 am |
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First and Foremost, what state do you live in?
What is the 6k for?
If it is with a collection company get a DV to them right away and also request a detail breakdown of the charges.
Once you get the DV (DEBT VALIDATION LETTER) to them it will stop them from doing anything prior to providing you with the required info. Send it Certified Mail Return Receipt. (CMRR)
If it is not with a Collection Agency then send the property manager a request (CMRR) asking for the breakdown of fees, when the place was re-rented, and what they did to re-rent the place (ie newspaper ads listing on the web, etc.) If you show landlords that you are up on the rules they tend to think twice before they do anything, they have alot to lose.
In California the landlord is REQUIRED to try to rent the unit again ASAP. They can only collect from you the vacant days IF they can show they made a good faith effort to re-rent the place and were unable to or it took a long time. I am sure other states have similiar laws.
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Cellular
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JCEMT
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| Posted: Tue Apr 29, 2008 8:20 am |
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A contract for real estate must be in writing to be enforceable. It is always a good practice to put everything in writing, even if its just an email. If you had a copy of a letter to the old manager confirming your agreement, you would have no problem.
However, there is an exception to that rule: detrimental reliance. Since you voluntarily moved out in reliance on the manager's representation that he would give you payment arrangements, you have a valid contract.
Since the manager is an agent for the landlord, the contract is binding on successive property managers.
Stick to your guns: you have a contract. Do everything in writing from now on. Document each action with a confirming letter. Start now with a letter that gives a history of everything that has happened, including your contract with the manager. You are not writing to the property manager, you are writing to the judge or jury that will hear the case 2 years from now. Make it very one-sided from your point of view. Of course, keep a copy of everything in a file for future reference.
Good luck.
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| Posted: Tue Apr 29, 2008 2:03 pm |
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Look everywhere for your paperwork alot of places use what is called "Tenant Data Services to check prior rental history.
Do as everyone says and do everything in writing even if you had a previous discussion with them just as a back-up in case this happens in the future. Is there anyway that you could contact the person that you had spoken to?
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ladybug
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