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18 and in debt

Date: Wed, 08/25/2010 - 00:14

Submitted by anonymous
on Wed, 08/25/2010 - 00:14

Posts: 202330 Credits: [Donate]

Total Replies: 8


I'm an 18 year old in a sticky situation with a landlord. I signed a lease for an apartment to stay at while going to college, but my dad decided he wanted me living on-campus instead at the last minute, so he refused to be my guarantor on the lease. I had only entered the lease with the intention of having a guarantor, and now the manager at the apartment complex is refusing to release me from the lease even though I have literally nothing to pay rent with (and I've explained this to them). She says if I don't pay rent it will be turned over to collections, but I don't have anything to pay with. What is the best way for me to manage this situation?


What's the duration of your lease? Is there a clause allowing you to sublet? Were you 18 at the time you signed it? Did you verbally agree that you would sign the lease only on the condition that you would also have a guarantor? Are there terms in the lease regarding sufficient notice to break the lease or other break-lease terms? How long ago did you sign the lease? What state are you in? Have you paid a security deposit?


lrhall41

Submitted by OhioGal1 on Wed, 08/25/2010 - 07:44

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The least lasts 12 months. There is a clause allowing me to transfer the lease to another person, but I've been unable to find someone to take it over. I had just turned 18 when I signed it. I did not make that verbal agreement. The lease allows a 72-hour window to cancel the lease, but I didn't find out my father wouldn't be the guarantor until the 4th day, which is when I notified management of this. I signed the lease roughly 3 weeks ago, in Texas, with no security deposit.

I just don't understand how it's profitable for them to hold someone to a lease who they know has no way of paying for it.


lrhall41

Submitted by on Wed, 08/25/2010 - 12:27

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It's not, unless they think they can sue you. I think your best bet at this point is to work hard on recruiting someone to sublease this apartment for you. Otherwise, you're going to have a difficult time. TX law has no buyers' remorse for leases, so it became binding the minute you signed it.

Live and learn.


lrhall41

Submitted by OhioGal1 on Wed, 08/25/2010 - 12:53

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Yes, I'm still looking everywhere I can for someone to take the lease. Is it likely for them to sue someone who they know has no assets? Also, would a collection agency buy this debt with the same consideration? I just don't understand what the manager's logic is. I don't see how they could possibly expect to recoup any costs that would go into enforcing a judgment against me.


lrhall41

Submitted by on Wed, 08/25/2010 - 15:02

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They can only charge you for the time the apartment is empty. Once a new tenant moves in, you won't be liable. However, this will likely go on your credit report and make it difficult for you to rent in the future. The landlord may thing you're snowballing or simply may not care, or is desperate. The economy sucks. They may just be pissed off and taking it out on you. Oh, and YES a collection agency would buy it. 99% of them are scum :)

I think you're doing the right thing by looking for a someone to sublet to. Good luck to you!


lrhall41

Submitted by OhioGal1 on Thu, 08/26/2010 - 06:33

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[SIZE=3]Generally, leases contain a two month rent lease breaking penalty but I have seen them vary from one to three months. The accepted practice is they can only charge for the time the apartment is vacant up to the maximum time penalty specified in the lease (in this example two months). I believe that is a state law but I am not sure and it could vary from state to state. I understand why the landlord is aggravated and will not release you from the lease. Basically, college apartments have a prime leasing season just before school starts. It will be difficult for them to lease the apartment now that school is in session and most students already have their living arrangements settled. At this point the apartment has no solid recourse. If you do not pay I doubt they will sue. If they do sue you probably have no assets to collect and no income to garnish. Worse case scenario is you end up with a bad debt on your credit for the next 7 years. A collector might attempt to collect after you graduate and start working also. Personally I would try to settle with them for a months rent that will be paid after the security deposit is returned or deducted from the security deposit. I wouldn???t worry too much if they won???t accept since you really have no alternative. [/SIZE]


lrhall41

Submitted by DOLLARSandSINCE on Thu, 08/26/2010 - 10:10

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There was no security deposit and it sounded like there was no clause for early termination in the lease other than the 72 hour cancelation window, which she missed. She can be charged for however long it takes for the landlord to get a new tenant into the apartment, or until the end of the lease - whichever is shorter.


lrhall41

Submitted by OhioGal1 on Thu, 08/26/2010 - 10:25

( Posts: 5253 | Credits: )


I searched around on the net to see if I could find some state law language that limits the penalty term but I found none. All the leases I have seen here in KY have had either a one or a two month rent penalty if you break the lease. If the lease is silent as it appears to be in your case then Ohiogal1 is correct in that you would be responsible for the rent until the landlord re-rents the apartment or the lease expires. The problem I found is that the laws only state the landlord has to reasonably attempt to lease the apartment but they do not define what that means. Furthermore, I found some indication that the landlord could lease other properties in front of yours which further drags out that time period. Basically, they have no incentive to lease your apartment if you continue to pay them or if they think they can collect.

[SIZE=3]It really does not matter what the law says at this point. Your father was paying the rent and you signed the lease. They can not collect from your father and you have no money, no job and no means to pay the rent if your dad says move. I would state that to them and let them know that this will not change for at least the next 4 years assuming you stay in college and potentially multiple years after for grad school and so on. After that I would offer them a months rent to break the lease assuming your father was willing to pay. Unfortunately, they can damage your credit if they want to or sue for judgment but neither will get them any money for a number of years unless you settle. [/SIZE]


lrhall41

Submitted by DOLLARSandSINCE on Thu, 08/26/2010 - 13:04

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