Outstanding Rent and Inflated Charges
Date: Mon, 04/28/2008 - 15:29
See if you can locate/contact the prior property manager. Oral c
See if you can locate/contact the prior property manager. Oral contracts are just as binding as written ones.
I had to go through something kinda similar and I'll tell you th
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.
I agree that if you don't have it in writing, as far as the new
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.
First and Foremost, what state do you live in? What is the 6
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.
I'm also wondering what the original contract stated and if a ne
I'm also wondering what the original contract stated and if a new contract was entered when the ownership was exchanged.
A contract for real estate must be in writing to be enforceable.
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.
Look everywhere for your paperwork alot of places use what is ca
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?