Broken Lease collection falling off 7/2013

[cwwatts1202]

My husband and I are renting a home that has had TONS of problems since we moved in on Feb 26th. We are trying to get his score to a 620 to qualify for a home loan, our current landlord will not allow us to move out early should be able to buy a home. We have decided to move out before the lease is up anyway into an apartment complex that will allow us to move out of our lease early should we purchase a home before our lease is up. We are waiting for a broken lease collection to fall off both of our CR's which it says it is due to fall of 7/2013. What do I do if it doesn't fall off? Just wasn't sure if this was the type of situation where you would dispute.. or if some other type of action is needed.

[guiness56]

It could be excluded early but if it is still there on Aug 1st, dispute as obsolete.

[StartingOver10]

Is the broken lease collection just a collection or is it a collection for a judgment that has been issued? check the public records under your name and your SO's name to see if there is a judgment against you for the broken lease. It might not show up on the credit report, but the lender will do a public records check anyway.

BTW, the lenders consider a broken lease a huge derog. This is an indicator of how you would treat a mortgage for many underwriters. Breaking a lease before you buy is not a good idea under any circumstances.

[cwwatts1202]

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@StartingOver10 wrote:

Is the broken lease collection just a collection or is it a collection for a judgment that has been issued? check the public records under your name and your SO's name to see if there is a judgment against you for the broken lease. It might not show up on the credit report, but the lender will do a public records check anyway.

BTW, the lenders consider a broken lease a huge derog. This is an indicator of how you would treat a mortgage for many underwriters. Breaking a lease before you buy is not a good idea under any circumstances.

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No it's not a public record/no judgement. It was 7 years ago that we moved out. I think we would've found out by now. We've also lived in another apartment complex since living in this one that checks that type of stuff, they allowed us to move in given the circumstances (we actually didn't break the lease. I was in the shower, maitanence came in the apartment for no reason, with no notice and Florida requires by law 12 hour notice if someone is going to be entering the apartment and I thought it was my husband, boyfriend at the time who had came home from work, and I walked into the living room.. after I got out of the shower if u get my drift) So we went to the office livid, they handed us our rent check back (we had paid 2 days prior) apologized profusely, told us we could move if thats what we want to do (of course we did) then 6 months later corporate hits us with the charges for breaking the lease. I was 19 at the time, my husband was 22, we didnt know our rights or laws etc. and we just said screw them we're not paying them. Looking back now i'm sure the office did not tell corporate about the incident so they didnt get in trouble. So according to corporate, we broke the lease. The apartment complex we are going to move into temporarily till we his credit score is where it needs to be will not allow you to move in with a broken lease on your report period. So we have to wait until it falls off to qualify to move in.

[cwwatts1202]

This whole post makes us sound terrible lol as I explained we didnt really break the lease of the apartment we lived in 7 years ago. We also are only moving out of the current home we are living in early bc of the # of problems we've had and the fact that the landlord is not sending professionals out to fix these problems but just random guys that know a little about the problem and can fix it temporairily. I've been trapped in my garage with my kids in the car with me cause the garage door wouldnt open, we werent able to use our sink/dishwasher for about 3 days cause it was leaking all up under the kitchen sink, a pipe busted causing a water leak that went on for about 3 days resulting in what's going to be a super large water bill, the air didnt work for the first 3 days we lived here, it got down to the upper 20's (which is COLD for fla) and our heat didnt work and she didnt have someone come out to immediately fix it. It's considered an emergency if the air doesnt work and the outside temp is 96 or higher and if the temp is 32 or lower and the heat doesnt work. My kids are 6, 2, and 3. This was not ok. It was FREEZING in here during that time and she made no attempt to hire a professional that would of come out that day to fix it. So yes, we're breaking this lease due to all the problems we've had. Not to minchin we're paying far too much for a house with this many problems ($1,105/month)

[StartingOver10]

For Fl Statutes there are notice provisions if the property is not habitable.  I have a summary I can email you of Fl Statutes (I'm in Fl). If you want it, I will send it to you. It has the summary language and the appropriate section in the statutes to check. Since you are planning on buying right away, make sure you vacate the property properly so you aren't penalized by the landlord. It might be a good idea for you to talk with a real estate attorney too (bring your lease).

[cwwatts1202]

The landlord/tenant rights state a 12 hour notice is to be given before entering any dwelling.

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@StartingOver10 wrote:

For Fl Statutes there are notice provisions if the property is not habitable.  I have a summary I can email you of Fl Statutes (I'm in Fl). If you want it, I will send it to you. It has the summary language and the appropriate section in the statutes to check. Since you are planning on buying right away, make sure you vacate the property properly so you aren't penalized by the landlord. It might be a good idea for you to talk with a real estate attorney too (bring your lease).

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[cwwatts1202]

When you rent, the landlord or maitenance etc. can not just come into your home or apartment willy nilly. They must have a reason, and give you notice that they will be entering, unless you request something to be fixed, then they can enter to fix it. Or in the case of an emergency, they can enter with no notice. 

[cwwatts1202]

I'm sorry, I misread your coment. I have the Fl landlord/tenant rights and statues printed and just about memorized. We wouldn't fall into the category to be able to move out early based on the conditions of the home, bc she IS having repair men come out, just not professionals. I've waited for hours for these "repair men" to not show up, they've shown up 5-6 hours late with no call from her or them letting me know they'll be late, and they've just not shown up at all with no call from either. She knows we are over and done with the problems. I have expressed many times my anger over her repair men not showing up, or showing up late, i've told her I will not wait anymore, she'll have to come wait. Everything we discuss is via text. I want it all in writing so I have proof.

[guiness56]

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@cwwatts1202 wrote:

When you rent, the landlord or maitenance etc. can not just come into your home or apartment willy nilly. They must have a reason, and give you notice that they will be entering, unless you request something to be fixed, then they can enter to fix it. Or in the case of an emergency, they can enter with no notice. 

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This is true.  In most states there is a provision that if the landlord will not make repairs that would be considered making the dwelling uninhabitable, you can move out and they cannot do anything to you.  I would carefully review your states landlord tenant laws.

If you live in a state like mine, you are just stuck.  You pretty much rent as-is and the landlords are not required to repair anything unless it is in the lease or contract.