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BOKEN LEASE?

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WHERRALD

Guest
In 1998 my now wife and I moved to South Carolina for a change of pace. We rented an apartment from a local real estate agent and signed a lease. The apartment was up for sale when we signed the lease so there was a condition included that required the landlord or real estate agency to give us twenty four hours notice before showing the apartment. One morning i got out of the shower, walked into the bedroom and there were four people in my apartment. It was an agent and some of his clients. they of course did not give any notice. I immediately called our agent and explained what had happened and she said she would take care of it. I also told her that this could not happen again. It did happen again and i called our agent again. During this conversation I made her very aware that I was upset, she went on with apologies and then stated that our lease had been broken. I then made her restate what she said about the lease being broken. A major mistake on my part was not getting that in writing. About a week later we called her back letting her know that we were moving because my wife was offered a transfer with her job. the agent then said the we were obligated by a contract and couldnt move. I reminded her of our conversation and she some how did not remember any of it. We then wrote a letter to her agency specifying that we were moving, we cleaned the apartment, and we expected or deposit back. They did not comply, but in turn the sent us to the credit beureau. The total sent was over $9000.00. We have since been denied a mortgage for our first house only because of this collection attempt. Pease let me know if I have a case to get this off of our records and maybe even hold them liable.
 


HomeGuru

Senior Member
You would have a very good case if at the time of the occurances you sent written notice that you are terminating the lease due to default by L. Because you did not follow the proper procedure they have the upper hand.
 
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WHERRALD

Guest
We sent a letter the day after our last phone converssation. It revisited the clause in the lease and why we considered the lease to be broken. Do you think thats too late?
 

HomeGuru

Senior Member
Help me out here. I need dates. When did you move out, when did you last talk to L, when did you send the letter..........
 
W

WHERRALD

Guest
The last time we spoke to the agent was on October 10, 1998, we sent the letter on October 11 1998. the letter indicated that we would be leaving the condo on October 31,1998. Then a letter was sent from the agent on November 11, 1998 stating we wre still obligated to pay the money and they would be charging late fees. Then on January 8 1999 a letter was sent from the credit bureau of myrtle beach summarizing all of the charges the agency had sent in. On january 23 1999 we responded by letter saying we were disputing all charges.
 

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