apartment collection w/ phoenix recovery

[bournesto33]

I will attempt to make this as short as possible.  Back in Jan. of 2016 I entered a 13-month lease with an apartment complex, and part of the least was that if I was to terminate my lease at any time I would only be charged for the months my apartment was not rented out.  Mind you this was part of an addendum to the standard Texas apartment application. 

My wife became ill with fibro myalgia in April of 2016 and it became difficult to take care of our kids by herself so I provide the apartment complex documentation and stated that I needed to move out.  I vacated the apartment with a 30-day notice.

The apartment complex sent me a bill for 13k for the remained of the lease and a small cleaning fee, but no damage, so I contacted the complex and stated that this was incorrect as per the lease.

September 19, 2016, I received a letter form the Phoenix group stating that I owe them 13k and if I do not respond to the letter it will go on my credit report.  Now I do not have any collection and used this forum to rebuild my credit, but this is a big collection item, and I need to know the right way to address them. 

I have the original lease, and medical paper work….Now what? 

[Anonymous]

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@bournesto33 wrote:

I will attempt to make this as short as possible.  Back in Jan. of 2016 I entered a 13-month lease with an apartment complex, and part of the least was that if I was to terminate my lease at any time I would only be charged for the months my apartment was not rented out.  Mind you this was part of an addendum to the standard Texas apartment application. 

My wife became ill with fibro myalgia in April of 2016 and it became difficult to take care of our kids by herself so I provide the apartment complex documentation and stated that I needed to move out.  I vacated the apartment with a 30-day notice.

The apartment complex sent me a bill for 13k for the remained of the lease and a small cleaning fee, but no damage, so I contacted the complex and stated that this was incorrect as per the lease.

September 19, 2016, I received a letter form the Phoenix group stating that I owe them 13k and if I do not respond to the letter it will go on my credit report.  Now I do not have any collection and used this forum to rebuild my credit, but this is a big collection item, and I need to know the right way to address them. 

I have the original lease, and medical paper work….Now what? 

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Send an ITS letter to the Apartment complex for failing to abide by the terms of the lease agreement. There rental records would be discoverable evidence proving when the apartment was rented after you vacated. Indicate that removal of all collections activity will prevent you from suing them. Then send a DV letter to the CA disputing the validity of the debt in its entirety. The DV will stop them from reporting the debt, and the ITS letter will make the Apartment complex think twice about validating the debt with the CA they sent it to.

[bournesto33]

Forgive my ignore ITS is what?

[rmduhon]

Intent To Sue

[Anonymous]

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@bournesto33 wrote:
Forgive my ignore ITS is what?

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Notification of an "Intent to Sue"

[bournesto33]

So intent to sue letter to the apartment complex then a dv to the CA...both certified correct

[RobertEG]

I assume that you still live in Texas.

If so, then I recommend that your DV be under the Texas Finance Code rather than or in additon to the federal FDCPA.

The TX code has the additional requirements not included in the federal DV process, including required response within 30 days, and required removal of any credit reporting until validation is sent.

[Anonymous]

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@bournesto33 wrote:
So intent to sue letter to the apartment complex then a dv to the CA...both certified correct

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Yup. Make sure the Apt complex has recieved your ITS before sending the DV.

You might also include in your ITS, that if the matter is not corrected promptly you also intend to notify the Texas AG and/or State Housing Authority (if applicable) of their violation of state law, for possible criminal prosecution.