Broke lease - claim I owe $4000

Discussion in 'Credit Talk' started by DLSIZE, May 15, 2003.

  1. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Broke lease - claim I owe $4000

    If they haven't validated you send them the estoppel letter 30 days after they got theVal. L.
    Hopefully they will screw up a few more times during that time.
     
  2. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Broke lease - claim I owe $4000

    THEY MITIGATED DAMAGES

    They kept the 2 months rent (DEPOSIT)...they lost only 15 days...MAX...$4,000 IS A JOKE
     
  3. DLSIZE

    DLSIZE Active Member

    Re: Re: Re: Broke lease - claim I owe $4000

    Again, thanks for all the feedback. I will e-letter them I guess in another 3 weeks or so and see where it goes then? Now if this CA gives up, can the OC do anything? They never provided a full detail of charges claimed within 30 days....but that doesn't mean they can't send it off to another CA.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Broke lease - claim I owe $4000

    but that doesn't mean they can't send it off to another CA.
    DLSIZE
    ===========
    In that case nail that one too.

    THE END ** *** ** LB 5"""""""""```~~~```'"""""""""
     
  5. lbrown59

    lbrown59 Well-Known Member

    I owe $4000

    Thanks for the reply lb....it is a $1000 eventhough it is outside the original 30 day window? Do I do anything now or wait until 30 days from their receipt of the validation letter? When the 30 days does approach....what do I do then?
    DLSIZE
    =============
    Send the estoppel after 30 days
    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  6. DLSIZE

    DLSIZE Active Member

    Re: Re: Broke lease - claim I owe $4000

    Little advise needed going forward with this. As stated before, I disputed this reporting with the CA and the 3 bureaus. I recently received three letters from the bureaus which I believe are all related to my dispute letters to them. Here is what I got from each one.

    EQUIFAX
    Got a letter stating:

    Dear Consumer,

    We received your request concerning your Equifax credit file and are looking forward to assisting you. The identifying information you provided does not match the information currently on the Equifax Credit File.

    A Copy of one item in each of the categories below is needed in order to verify your identification and address. The iten you choose in the identiy category MUST contain your social security number , and the item you choose in the address category MUST contain your current mailing address of: [my address].

    Identity
    SS Card
    Pay Stub with SS#
    W2 Form

    Address
    Drivers License
    Rental Lease Agreement/House Deed
    Pay Stub with Address
    Utility Bill
    Notarized Statement verifying current address

    Please resubmit your dispute, the requested information, and this letter to the address above.

    Thank you for giving Equifax the opportunity to assist you.

    Sincerely,
    Equifax Information Services, LLC
    =============

    EXPERIAN

    Basically just a confirmation letter that they received the dispute and will respond within 30 days.
    =============

    TRANS UNION

    **I think this is in response to my dispute letter**

    Got 7 pages in total. First page:

    Thank you for contacting TransUnion. Our goal is to maintain complete and accurate information on your credit report. We have provided the information below in response to your request.

    Re: Credit Report

    If you would like to contact a creditor regarding the information they have reported to TransUnion about you, you may contact them at the address and telephone number below.

    -The remainder of that page and the next 4 pages then contain addresses and phone numbers of all creditors reporting and all people who got my credit report.

    Starting on page 6...it is like it is another letter adressed to me regarding something else...but it says page 6/7 on it. Anyway, it basically saus thank you for contacting us and it is RE: Policy for Information Retention. Then it goes on to state the various things that can be listed on the report (judgements, liens, credit history, etc...) and for how long they will be listed for.

    On the start of page 7...it then says

    Re: Verification of Documents not Available

    We store information in our records as it is supplied to us by creditors. When information is disputed, we are required to investigate and record the current status of the information. We do not provide dispute verification responses received from creditors. If you need to obtain documentation or written verification concerning your accounts, then please contact your creditors directly.

    If you have any additional questions or concerns, please contact TransUnion at the address shown below, or visit us on the web at www.transunion.com for general information. When contacting our office, please provide your current file number XXXXXX.

    =========

    Here is what I sent each bureau:

    To Whom It May Concern:

    This letter is a formal complaint that you are reporting inaccurate and incomplete credit information on my credit report.

    I am bothered that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish.

    Credit reporting laws ensure that bureaus report only 100% accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct.

    The following information below therefore needs to be investigated by you. I request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from the report as soon as possible. I dispute the following listed collection account:

    Original Creditor: XXXXX
    Collection Agency: XXXXX
    Account #: XXXXX

    The above listed item is inaccurate and not mine. This represents a very serious error in reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the past six months.

    In addition, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Under federal law, you have thirty (30) days to complete you investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your investigation.


    Best regards,

    ME
    MY SS#
    ===================

    SOOOOOOOOOOO....what do I do in response to TU and Equifax? On each letter...I listed the specific info for the CA based on how it was listed on my credit report with each bureau. Some only listed the partial account number....some abbreviated the name of the CA...but I copied the info of of their respective reports to match up with them.

    Thanks in advance folks.
     
  7. ms6073

    ms6073 Well-Known Member

    Re: Re: Re: Broke lease - claim I owe $4000

    Do you owe this money or not? Unless you are not giving us the whole scoop, as I have stated twice previously that the remedy to this problem lies with the landlord or property management company who has failed to comply with applicable state laws and has forfieted rights to any claims. Sure you can spend the next 45-60 days firing off well worded letters to the affected agencies which may resolve the problem or you can retain a lawyer (or find one on contingency) to represent your case against the former landlord. As long as you have represented the situation accurately, I am sure that a concisely worded letter from an attorney that outlines conditions, remedies and deadlines and indicates your intentions to seek legal relief will get the matter resolved and the debt recalled from the CA and deleted from CRs far faster than trying to deal with CA and CRA over the next several months while they shuffle paper!

    Still not sure? My wife is an attorney and everything I have mentioned is based on observing how she handled a similar situation for a co-worker. She was kind enough to spend about 30-minutes writing a letter to the former property management company for the co-worker. The co-worker had gotten a letter from a CA requesting payment of damages (just as you ahve) when she moved from an apartment into her own home. The property management company had also failed to comply with applicable state laws and not only did the letter my wife wrote motivate them to recall the debt from the CA and have all derogatory information deleted from CRs, they were also more than happy to return the $300 deposit that was never accounted for after my co-worker had moved!


    Michael
     
  8. BrettS

    BrettS Well-Known Member

    Re: Re: Broke lease - claim I owe $4000

    DLSIZE... I skimmed the TU response and from what I can see they are essentially correct. None of the credit bureaus are required to provide you with proof of any information in your credit files. You can request that they verify the information in your files. This will force them to start an investigation where they go to the creditor and ask if the information is correct or not. If the creditor says the information is incorrect or the creditor doesn't respond within 30 days, then the information is removed from your credit report. If the creditor says the information is correct then it stays. If you believe the creditor verified incorrect information you can then send a procedure request to the credit bureau. This asks the credit bureau to detail how they verified the information with the creditor. They still are not required to provide you with proof of the debt. You need to send a letter to the creditor for that.

    HTH,
    Brett
     
  9. DLSIZE

    DLSIZE Active Member

    Re: Re: Re: Broke lease - claim I owe $4000

    Well I thought I explained everything. I had ~$1000 deposit with complex. I left a few months before end of lease. I gave no notice...left at end of month with 5 motnhs left on lease. Never got anything from mgmt. company about monies still owed. First I found out was maybe 6-8 months after I left when got letter demanding ~$4k from CA.

    As a side note, the listing is listed as in dispute with Equifax, but not the other two. Is that 2 violations against the CA?

    So do I owe the money? I don't know. I never got a bill. I don't know how long the apartment was empty for...and I don't know if they are counting $$$$ against me for cleaning.

    I thought my best bet to settle this and get the derog off the report is to go after the CA.

    As reported earlier....I think I have them on:

    1) pulling a hard inq on me after receiving dispute letter
    2) not reporting dispute with TU
    3) not reporting dispute with Experian....why do I always want to call them Expedia :) ????

    I guess as for my dispute letters with TU and Equifax...I will just resend just saying I dispute it
     
  10. too much

    too much Banned

    Re: Re: Re: Re: Broke lease - claim I owe $4000


    Did you read the lease? It would have explained exactly what your responsibilities were.

    If your lease is anything like a standard large apartment community lease, it would work something like this:

    - Since you didn't complete the term of the lease, you lose your full deposit ($1000).

    - Since you didn't give 30 days notice that you would vacate, you owe them one month's rent ($1100?)

    - You THEN owe them any and all rent that they lose due to your default...up to the term of your original lease. If it took them another month to rent it out (beyond the 30 day notice thing above), you owe them another $1100.

    - If you didn't leave it clean, or repairs were needed, you owe them for those things, too. ( you said $500 in your original post, so we'll use that number).

    So, assuming that it's a standard lease agreement, and we're not missing anything else....

    $1000 deposit
    $2200 rent
    $ 500 repairs

    $3700 Total


    Sounds about right. Maybe the cleaning/repairs were more, or maybe there were other costs we don't know about.

    In any case, I can't imagine a judge who wouldn't award the above to them --- you signed the lease, and you agreed to pay those costs if you didn't live up to the terms of the lease (assuming that the lease provides for those things).

    So, the answer is yes. You probably do owe that money. Your only real hope is that they don't verify the information, and you can get it off your report. However, that's not going to stop the collectors from trying to get it from you.

    Also, one more piece of bad news: Since it sounds like a large apartment complex, and large places usually report to the landlord information bureaus, you're probably listed as a problem tennant. That will make it more difficult to rent from such places in the future....

    If I were you, I would contact the apartment complex and work something out with the manager. Maybe you can settle on a smaller amount in return for paying it off fast.
     
  11. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

     
  12. DLSIZE

    DLSIZE Active Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    Thanks sassy.....at least I know I am heading down the right path.

    Does the original landlord have any culpability for the actions of the CA?
     
  13. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    Yes, but there's a "knowingly" provision in there.

    You'd have to let them know or prove that they do know before pursuing it.

    Sassy
     
  14. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    SEND THEM A CHECK FOR $1.98 AND BE DONE WITH IT!!!
    ---------------------------------------------------------------------------

    :)

    They MITIGATED damages...they kept $1,000.00 they had NO LOSS that I can see...but I'm not a REAL ESTATE expert...
     
  15. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    I would contact the apartment complex and work something out with the manager.
    too much.
    =================
    Ok suppose I go along with you about the poster paying up.
    I have just one question for you. What's wrong with expecting the landlord and the CA to obey the laws?
    I don't get your rational that just because they are owed something it's OK for them to forget ABOUT complying with the rules and to HECK with the law.
     
  16. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    Do you owe this money or not?
    ms6073
    ====================
    I was fully paid in all monies owed when I left and moved out and returned keys before end of month.
    DLSIZE
    WHAT DOES this tell you.?????????????????????????
     
  17. DLSIZE

    DLSIZE Active Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    F%$@#&ing CA!!!!

    I mentioned earlier that CA pulled hard inq on 1 report just after getting validation letter. Today they pulled another one!!!! WTF!!!!!!!!! They reported to all 3 but only listed with EFX as in dispute and same one where they pulled the 2 recent inquiries!!!

    No response from validation yet. What to do? Still have another 10 days or so until their 30 day clock is up.
     
  18. ms6073

    ms6073 Well-Known Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    Although you breached your lease agreement, if the landlord or property management company has failed to comply with applicable state laws, then they have also forfieted rights to any claims.

    If they have a green card (Certified Mail, Return Reciept Requested) that bears your signature which would indicate that they did notify you in writing with an itemized list of amounts due, then you probably owe but should be able to settle. Also, if they sent a you an appropriate letter that itemizes amounts and it was postmarked within the 30-day period following your breaking the lease and the letter was subsequently returned to sender, then you may have some leverage. If all they have is a letter on company letterhead with a date but no other proof that they attempted to contact you, then you are in the drivers seat - anyone can type up a letter and put last years date on it!

    So, if the property managementhas fialed to follow applicable laws, then they have forfeited their rights to seek satisfaction and in many states, the laws also allow the former tenant to seek redress in an amount up to 3-times the amounts paid or in dispute plus attorney's fees!


    Michael
     
  19. DLSIZE

    DLSIZE Active Member

    Re: Re: Re: Re: Broke lease - claim I owe $4000

    That I understand....what I don't like are the mulitple inqurieis being made on my EFX report from the CA involved.
     
  20. too much

    too much Banned

    Re: Re: Re: Re: Re: Broke lease - claim I owe $4000

    sassyinaz-

    Wow, it must be a great feeling to encourage people to shirk their responsibilities in life, huh?

    The guy signed a contract, and he owes the landlord money because he wasn't able to live up to the terms of the contract. If he was an honest and truthful person, he would call the landlord and work something out. If he's dishonest, he will try to find a loophole to squirm out of it.

    Trying to find loopholes in life to avoid your responsibilities doesn't do you good in the long run.

    The irony is that, even if he does avoid paying the bill, he will screw himself for years to come, because he's now on countless databases as a bad tenant..

    Once again, the advice given by the "experts" here is laughable.

    To the original poster: The "experts" here are trying to lead you down a path that they know nothing about. The longer you wait to settle with the landlord, and the more trouble you cause for the landlord by playing the validation game, the less likely they will be to settle with you. You can also froget about them giving you a clean tenant record in all those databases.

    Do the right thing... you signed the lease...now live up to it. If the pipes needed fixing while you lived there, you wouldn't have accepted excuses, would you?
     

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