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Broken Lease

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susieq

Guest
While living in an apartment I moved out before the lease was up, due to numerous problems within the complex - my car was keyed, drunks at pool, roaches in apartments, etc. I moved out November 1st and the lease was up December 1st so it was one month early. Upon move out I had an attorney draft a letter to the apartment manager to the following effect: keep all deposits and check for $400 attached to letter as full payment for all monies owed to complex. Apartment facilitiy cashed the check but still reported it to the credit bureau as bad credit, and somehow the amount grew. How can they put it on my credit report if they cashed the check which by the letter from my lawyer was considered last and complete payment of any debt.
 


T

Tracey

Guest
I assume this was a 'full accord & satisfaction' letter? That doctriine only applies when there is a bonafide dispute as to how much is owed. You aren't allowed to apply your security deposit to rent during the last month you're there. It's for damages. If you apply it to rent, L has nothing to cover damages. You didn't pay the entire rent in full on time, so L started charging you late fees. Your attorney gave you bad advice. You're not alone, lots of people get caught in this trap. <rant> WHY can't people get this through their heads? A security deposit is no substitute for rent. </rant>

Write L & demand an accounting of how s/he reached those charges. Then tell your attorney to pay it or you'll sue for malpractice & report him/her to the bar. (You'll have to pay any amounts due to damages, but make sure L didn't charge you for normal wear & tear.) Write back & give us a progress report.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

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