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Apartment Collections

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dsw283
New Contributor

Apartment Collections

I had an apartment back in 2009 before I lost my job, after about 2 months I decided it was best to move out as my finances wouldn't hold up much longer.  I sent in my 2 month notice as requested and informed my roomate to go sign the lease cancellation.  Fast forward 2 months, I paid the next 2 months rent as requested, and was on my way up to the office to pay the last half month's rent as requested, and the office manager told me that my roomate had not signed the letter so I would have to write another one, pay 2 more months rent and a half to get out of the lease. My funds were depleted at this point, and I was quite frustrated at the time as the roommate and I had some problems of our own. At this point some of my cards started going into collections, and felt there wasn't much I could do besides let that go as well. It was sold off to a "collection attorney" Hunter and Warfield to be exact, back in 2010, and I've spoken with someone from their office one time and explained the situation, as I had filed everything properly, yet they went on about their business without informing me of the cancelled cancellation letter.  It's been in collections with their firm since then, and I haven't received one letter, or phone call since then. I'm in the process of trying to clean things up, and from the looks of it, I still have about 2 years before this thing will fall off my report.  I'm not sure if I should try contacting them to get this thing taken care of or what as I don't want to wake a sleeping giant but I feel I have some ground to stand on.  Anyone have any suggestions?

Message 1 of 6
5 REPLIES 5
llecs
Moderator Emeritus

Re: Apartment Collections

You and your roommate were on the lease, right?

 

Did the lease specifically state that you had to mail or hand in a letter requesting the lease to be terminated? I'm out of the landlord-tenant loop, but I haven't seen anything similar to that. You usually would be on the hook for the entire lease up through the end of the lease term. Certainly YMMV on state law.

 

Based on the info provided, and if I had that, I would send a DV to the CA. If they verified and if I agreed, then I'd send a PFD. If the lease specifically stated that I had to have both signors agree to a termination and that termination letter was never delivered, then both parties would be liable for the debt because it wasn't turned in. Now maybe you could sue your roommate for any debt you paid if you entrusted in his care the termination letter.

Message 2 of 6
dsw283
New Contributor

Re: Apartment Collections

Yes we were both on the lease, and to break the lease In the contract it states, that you need a 2 month notification,  pay those 2 months, as well as a half months rent to get out of the lease, in a written letter.   The lease was turned into the the office, and they said I need to let my roomate know to go down to the office to sign the letter. I informed him, yet he never went down to sign the cancellation, and I was never informed by either  This is in Texas as well, and I believe the Statute of limitations for debt of a signed contract is 4 years, if I understand what I've read.  The reason I haven't questioned anything yet, is that the total balance they are currently is roughly $1800, which in reality it should have only been $400 according to what the contract stated.  I don't want to settle a pfd on the $400 as I will receive a 1099, nor will I pay the full $1800.00 as I believe I'm in the right in this situation, as again I was never informed by either party, that the letter was not signed, much less the letter was voided.

Message 3 of 6
guiness56
Epic Contributor

Re: Apartment Collections

Message 4 of 6
dsw283
New Contributor

Re: Apartment Collections

October I believe, so this October will be the 4th year.

Message 5 of 6
guiness56
Epic Contributor

Re: Apartment Collections

All debt in TX has a 4 year SOL.

 

I would leave it alone until after October.

Message 6 of 6
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