So i went to buy a new car this weekend and found that my credit score had dropped from 750 to 632 since December. I contacted the collection agency that listed on my report and disputed the charges for $1,300. They said they had been trying to contact me since October by phone, and sent a letter to my address in January. I have never once received a phone call, nor did I receive a letter (they admitted that the letter was NOT sent certified) These are the charges: I was living at an apt. complex and my contract was up in Aug. '07. I spoke with the manager about a "month-to-month" extension, because I was moving home to take care of my father who was diagnosed with cancer. The manager agreed to let me rent month-to-month for up to 3 months at a premium rate. We agreed. At the beginning of the 2nd month I called the main office and said I was moving out at the end of the month, and if there was anything I needed to do before I moved. I was told NO, just drop off all of your keys when you leave so you aren't charged for them. So come the end of the month, I am packed up and leaving with the moving truck. I go in to drop off my keys and the manager says that I needed to give 14 days notice to them. I called a month ahead of time and was told everything was fine. We got into a huge argument about it and he said he would be charging me another months rent because of it. So here I am 8 months later, and a collection agency is after me for it. I absolutely refuse to pay because I believe I did all things in my power to let the apt. complex know I was leaving (a month ahead of time). Not only was I outside the contractual agreement since my lease was up, but the manager failed to spell out any month-to-month obligations on my part. Please let me know what your thoughts are, and how I should approach the issue from here on. So far I have disputed the issue with TransUnion regarding my credit score, and I spoke with the collection agency and disputed the charges.
I agree. And next time, do everything in writing. Some states require lease transactions to be in writing. If they're not, the don't exist. In other words, oral agreements are not binding. Oh, and by the way, in at least some states e-mail is not sufficient. I'd make sure it was written--the old-fashioned way.
You state speaking about an "extension-month to month", this implies the origina lease had expired. Most laws view tenancy after a lease expiration as "month to month". The issue here is the evidence of notification. You spoke to a representative of the apt. complex. It appears you have no written evidence. You may want to counter with requesting a deposition of the person/manager you gave verbal notice to. Perhaps a fear of perjury will refresh his memory. As jlynn suggested, brush up on your state's tenancy laws. A call to your AG's office should point you in the right direction.
Get This!! I have spoken with the regional manager that oversees the apartment complex, and she is speaking with the complex landlord and is going to get back with me about this whole matter. BUT EVEN MORE NOW....so my credit is screwed, we knew this. Well we went and ran my fiancee's credit to apply for a car loan. Guess What?!? They put out the collection on her credit too, BUT she was NEVER on the original lease. I co-signed with my parents before she and I were ever dating. We had run an application jointly for a new lease once this one had expired but canceled it because we were going to move. This has to give me some leverage right? The managers actions must be illegal to come after her too when she was never on the lease in the first place.
If your parents co-signed for the lease, they better check the reports. However, it sounds like since she was there, and had applied, they added her on the month-to-month tenancy. Curious if that is legal.
