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Apartment Leases

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Dawn
Established Contributor

Apartment Leases

I know that everyone's situation is different, but this outcome might provide hope to others in the unfortunate situation of having to break a lease.
 
As mentioned before, my son's room-mate bailed on him and my son lost his job a few days later.  He tried to do the right thing ... gave 60 days notice and tried to hang in there as long as he could.  Without any income for at least 6 weeks now, he couldn't do it and surrendered his apartment 3 weeks after giving notice.
 
Dear old mom and dad plowed in when it became evident that he was so distraught and hopeless that he was going to walk away and leave an absolute mess.  His philosophy was that there was no way he was going to come out on top ... so why try? 
 
We cleaned what we could until it sparkled (and he learned a few things about REAL cleaning in the process.)  In my internet travels, I ran across a little gem that described what we were dealing with.  One woman said that her son was half-human/half-pig and when she stepped into his room she had to shower and burn her clothes afterward.  That's how we felt.  Smiley Sad
 
Anyway, he got his Final Account Statement yesterday.  According to the lease, they could have charged him the full 60 days move-out notice (of which he had only paid 3 weeks) ... they could have charged the first month's free rent (they paid more each month to compensate for it ... but still had six months to go) ... they could have accelerated the rent through the end of the lease term ... and they could have disallowed the application of a hefty deposit to outstanding charges.
 
As it is ... they only charged him the reletting fee (almost a full month's rent) and damages to replace the carpet and repair/paint the walls.  Instead of a minimum of a few thousand dollars ... he was billed for less than $700 after they applied the deposit to the outstanding charges.  THAT ... he can handle!
 
I keep thinking that I am dreaming and that today in the mail we will get a "corrected" bill that he will be unable to pay and that he will be faced once again with that hopelessness of realizing that there's nothing he can do to keep his credit report clean.  Here's to hope for the New Year ... and that it will be better than the last.  Smiley Happy




Message Edited by denbar2003 on 01-05-2008 07:52 AM
Message 1 of 7
6 REPLIES 6
haulingthescoreup
Moderator Emerita

Re: Apartment Leases

Wow, I'm so happy that worked out for you all!

It's true, there does seem to be some sort of mental funk that keeps people from wrapping up loose ends and making the best of a bad situation. This is a great example of why we should always hang in there and do what we can to minimize financial damage.

Yeesh, great quote about burning the clothes afterward! Smiley Tongue
* Credit is a wonderful servant, but a terrible master. * Who's the boss --you or your credit?
FICO's: EQ 781 - TU 793 - EX 779 (from PSECU) - Done credit hunting; having fun with credit gardening. - EQ 590 on 5/14/2007
Message 2 of 7
marty56
Super Contributor

Re: Apartment Leases

I would take the roomate to small claims court   You could then wind up on Judge Judy and represent everyone here from the FICO forum.
1/25/2021: FICO 850 EQ 848 TU 847 EX
Message 3 of 7
fishbjc
Senior Contributor

Re: Apartment Leases

Do yourself a favor...save EVERY document, put it in a safe place, you NEVER know when the apt. mgmt. people willl try to pull a fast one.
 
That being said....that ex-roomie needs a haul into small claims court.  He needs a lesson in responsibility.
 
I hope you son realizes what exceptional parents he has! 
Message 4 of 7
Dawn
Established Contributor

Re: Apartment Leases

We are still keeping our fingers crossed (and saving every scrap of paper ... and preparing for a trip to small claims court.)
 
After days of my eyes glazing over when reading the 6 page lease agreement, I finally focused on a disturbing section that states:
 
"Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing ......"
 
"No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance.  Our not enforcing or belatedly enforcing written-notice requirements, rental due dates, acceleration, liens, or other rights isn't a waiver under any circumstances.  Except when notice or demand is required by statute, you waive any notice and demand for performance from us if you default."
 
This bolded part makes it sound like they could still hold them liable for the currently "un-enforced" parts of the lease agreement ... and not even notify them ... going straight to collections or filing suit?
 
They aren't out of the woods yet.  Smiley Sad


Message Edited by denbar2003 on 01-05-2008 10:14 AM
Message 5 of 7
Anonymous
Not applicable

Re: Apartment Leases

I can actually give some advice on this...I am a Property Manager for 2 apartment complexes...
 
The landlord can only hold you responsible for rent on that apartment until it gets re-rented.  I would try to find out through the complex when it got re-rented, if they won't help you can try to get info from any of the utility companies.  Hold onto any info you find out.
 
I think you should be safe. 
Message 6 of 7
Dawn
Established Contributor

Re: Apartment Leases



neened wrote:
 
I think you should be safe. 


I hope you are right. 
 
What is customary for collecting unpaid rent after moving out?  If they gave him a final statement a few days after he turned his keys in, without charging him for future rent, should we assume that they already have a new tenant and he won't receive an additional billing?  The complex is normally filled to capacity, so it shouldn't be more than one month that it might be vacant, so we don't anticipate more than one month's rent being required, if at all. 

However, there are still things that they verbally told us they could bill for that didn't appear ... the first month's free rent (not really free ... paid more every month to make up for it) and rent for the period of the move-out notice.  
 
As the bill stands now, he can pay the amount due for the damages and re-letting fee (after they deducted the deposit) but he will be hard pressed if they hit him up for another 2-3 months rent after he pays this.   I wish I had a crystal ball and knew there would be no additional charges ... I'm afraid to ask though.
Message 7 of 7
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