Getting a Apartment Leased Off!!

[Anonymous]

Okay, I'm still confused.

When they gave you your "signed" lease package (all the forms and nitnoid crap you have to sign), DID they give you a copy of the Title X -- and if so, was your siggie there? Some leases have that as an addenda, where you either sign a single sheet or sign initials on a larger sheet (acknowledging that the LL has disclosed the info).

If they don't have a copy of this with your siggie or initials, I'd call the EPA and any watchdog agency they refer you to. They would have broken Federal law right there (in forging your name, they've broken state law, but it might be harder to prove).

Have you tried this? Talk to them. Tell them that you did not sign your name to that lease and in the spirit of compromise, you'll pay "extra" for the few months that you lived there on a month-to-month basis (since in TX, if you don't have a signed lease stating otherwise, it's automatically construed to be a month-to-month tenancy).

(If they're unable to provide you with a SIGNED copy of the Title X, I'd use that as blackmail -- nicely -- as well. Someone's looking at hefty fines (somewhere in the $10 thousands, at least)

Let me ask this: Does your old apartment complex have a hard time gaining new renters? Is there ANYONE living there NOW?

How much in terms of leftover lease period are they charging you for? Like, say, you moved out in May ... are they trying to charge you for June, July, August, etc? How many months?

Don't know if you know this, but by law, they can't charge twice for the same apartment. So if someone moved in immediately after you in June, they can't charge rent from that time on if someone else occupied the unit.

[Anonymous]

I have a similar question:  I have a collection account on my CR for unpaid rent in the amount of $1439.00.  I defaulted in November 2007 and lived in Illinois at the time.  The OC is not reporting, only the CA.  I will have the money to pay this off completely in a couple of weeks.  Should I just pay the OC and then dispute the CA on my CR?  Any help would be greatly appreciated!

[Anonymous]

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@Anonymous wrote:

I have a similar question: I have a collection account on my CR for unpaid rent in the amount of $1439.00. I defaulted in November 2007 and lived in Illinois at the time. The OC is not reporting, only the CA. I will have the money to pay this off completely in a couple of weeks. Should I just pay the OC and then dispute the CA on my CR? Any help would be greatly appreciated!

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No, DV (debt validate -- send them a DV letter) the CA. You want to make sure that they can legally collect the balance AND what the actual balance originates from.

Then, if you like, offer them a PFD (Pay-for-Delete) -- get them to agree that if you pay the debt, they'll delete the TL from your CRs.

By next month, it might even be an old enough debt that you can offer them, say, 75% of the balance (to be taken as settled "in full") in your PFD letter.

[Anonymous]

I DV'd already and the CA ignores all PFD's I have sent.  I believe it is still within SOL and I think the OC may still own the account.  I would like to get this off my CR, not sure what to do at this point.

[Anonymous]

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@Anonymous wrote:

I DV'd already and the CA ignores all PFD's I have sent. I believe it is still within SOL and I think the OC may still own the account. I would like to get this off my CR, not sure what to do at this point.

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Have you tried contacting the OC to see if they would pull the account from the CA in exchange for payment?

You could try a combo PFD/GW with the OC. Send them a letter stating the reason why you defaulted (and make sure it's g-o-o-o-o-d, if you know what I mean) and how very, very, very sorry you are and you want to clear this up and give them their money ASAP ... and would they please extend you some goodwill and kindness and pull the account back from the CA?

[Anonymous]

That is a very good idea, I will try that!  Thanks for your input!

[Anonymous]

De nada!

Just make sure to tell them how awfully, awfully sorry you are, but that Life Event X, Y, Z, happened, and you were unable to meet your obligations -- but NOW, you want to make up for mistakes past, and you feel it's only right that they get the money they deserve.

The more "spin" you put on it (without going overboard or outright lying, of course), the better. Remember, a human being is going to read it. You need to pull on their heartstrings!! And, if you don't have success with the first rep you write, keep writing -- sooner or later, you'll reach someone with a real, bona-fide soul!!!

Best of luck to you!! Keep us posted!!

[pymintz1]

Okay let me explain my 1st lease ended in May 31st 2007 the new lease they were trying to get me to sign started in Feb. 2007 and would have ended in July 31st of 2007. I finished the first lease I didn't move out until 7/2007. So they are saying the 2nd lease I didn't sign which I have the front copy of the lease that they(apartment complex) provided me with when I said show me where I signed the lease. They took my 1st lease and added the first page of the new lease to it because they knew I had not signed the lease. The 2nd lease that I didn't sign the spelling of my name is all wrong. The first lease that I signed is correct with my name and initials on the bottom of each page. No they didn't attach those sheets with the initials on it they cut that off and sent the rest of the paperwork basically the first page of the lease and the last page of the lease where they signed my name to the back page. Looking at my first lease they didn't even sign their part on the signature of the last page just my name is on it. On the pages in between the 1st page and the last page (which your signature goes on). There are sheets that you initial and the representative initial. Also on the contract (1st one) there are numbers that all line up like when you print off the paperwork on the printer it has a bunch of numbers that all line up in order say for instance like this 0228200701910000102704 on page one of the apartment lease contract then the next page would say 0228200701910000102705 page two. This information is in the lower right corner above the Texas Apartment Association that is written at the bottom of the rh corner of the lease. They only took the first page of the 2nd lease and added that to 1st lease and said that was my 2nd lease. I know they can't do that.  Proving they forged my signature is very easy. My handwriting is totally different I have the 1st lease that I signed and you can compare the 2 that isn't my handwriting. I don't know about new tenants I will check that out, but there was always problems with the assistant manager and the manager they told me I needed to get out I called the property management and talked to them back then but the two girls up front told me to get my stuff and get out. So I believe this is them retailating against me for moving out. They knew I had not signed the new lease so I believe they would have done this. I was only there after the first lease expired  1 month and half I believe then I left. I spoke to the CA and they said that it was still my problem so I don't know if I want to send them all the paperwork that I have I think they will use that to their advantage. I hope you understand what I'm trying to say I'm rushing through this.

D

[scottie_mommy]

Unfortunately, I have had to deal with NCS before.  Like you, I was in a messy sickening situation.

They suck (for lack of a better word).  Long before I found this site, I tried to settle with the OC.  The CA didn't care, they just wanted their money (which was fees from the OC I had never heard of as well as agency fees). They completely disregarded anything I had paid to the apartment management.

I also live in Texas and NCS is in Atlanta, GA so they could care less (it's not like you can walk into their office and throw a fit).

In my opinion, you need an attorney.  Your situation is a little different from mine.  National Credit Systems said I owed $2626.  The OC said I owed $1876.  The OC settled with me and I paid them $905.  Then NCS refused to acknowledge that the apartment had "let me off the hook" so they "settled" with me for $500.  (What a deal! )

So please don't let them take advantage of you like they did to me.  Consult an attorney, it's the cleanest way out.