Cannot Agree on End-of-Lease Date

[jruewilson]

What is the name of your state (only U.S. law)? Jackson, MS

I recently vacated a property that I was leasing. The manager who signed the lease did so with the date 10/14/2008. I asked at the time the lease was signed, via fax, why the date was different from the date I signed, 3/14/2008, and was told that the Oct. date indicated the end of the lease. Sept. 14th 2008, I sent in my 30 days notice (per the lease) of vacating the property. I was informed later that week that there are no move out approvals in the middle of the month and that I would owe rent for the entire month of Oct. By this time, I had already signed a new lease for a new apartment.

I wrote letters to the original rental company stating that the end-of-lease date did not correspond with their rule about not moving in the middle of the month and reminded them that I had move into the apartment mid-month and that they were happy to accept these terms at that time.

In my letter to them Oct. 1, letting them know that I vacated the premises, I acknowledged that I would be forfeiting my deposit by leaving early, but that I was doing so with the understanding that the rental company and I couldn't come to an agreement about the termination of the lease.

Now, they are saying that they'll send the balance to collections, despite them retaining my deposit, and that if I pay they will refund the deposit: $200, rent $435.

This may not seem like a lot of money but I am already paying rent at a new place and this would be impossible to remit at this time, no matter who is at fault here.

Please help!!!

What are my rights? Don't they have to take me to court before this can go to collections?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[ecmst12]

If the lease says 10/14, then that's what the court will see. Did you pay 1 month's rent on 9/14?

 

[HuAi]

Generally 30 day notice has to be done prior to the start of the last full (30 day) rental period. When was your rent due - on the 15th or the 1st?

Even though you moved in on the 15th, if youy paid on the first, it means the LL prorated half of your first and half of your last rental period, and your 30 days notice woudl have to be given by sept 1st.

 

[jruewilson]

I paid the first time when I moved in, on the 14th, then I paid on the 1st of every month after the initial payment. There was also some discrepancy in the written lease. The lease states that the term is one year, but the management company agreed to a 9 mo. lease without changing the wording. They are claiming that, technically, they could hold me to a yr.

Won't they have to take me to court to send this to collections?

Around Sept. 1st, I called in complaining that several maintenance requests had not yet been addressed or completed and they advised me to leave if I was unhappy with the place.

 

[HuAi]

I paid the first time when I moved in, on the 14th, then I paid on the 1st of every month after the initial payment. There was also some discrepancy in the written lease.

Then your rental period is from the 1st of each month through the 30th/31st. Post what your lease says about automatic renewal and 30 days notice.

The lease states that the term is one year, but the management company agreed to a 9 mo. lease without changing the wording. They are claiming that, technically, they could hold me to a yr.

Earlier you said that the lease specifies a move out date of Oct 15th, so the same lease also says that it's for 1 year? Or is Oct 15th date agreed upon in a separate document?

Won't they have to take me to court to send this to collections?

Collection agency doesn't have power to garnish your wages / bank accounts without a judgement, but they can only pester you incessantly and ruin your credit through the credit reporting agencies.

Around Sept. 1st, I called in complaining that several maintenance requests had not yet been addressed or completed and they advised me to leave if I was unhappy with the place.

This is irrelevant

 

[jruewilson]

HuAi,

I was told that in order to pursue a tenant for non-payment of rent, the management company has to take the tenant to court. Is this true or can they skip court and go straight to collections?

 

[HuAi]

Think of the collection agency as your nagging mother in law. They'll call you at all hours of the day (unless you instruct them in writing not to do so) asking for their money, and will ruin your credit report (the credit reporting agencies are private companies not government bodies). However, they cannot compell you to pay - if you are willing to deal with the repercussions above, then they'll never get their money.

If the LL pursues a judgement in a court of law, he can get a court order to garnish your bank accounts and in some states up to 25% of your paycheck directly from your employer. Of course if you don't have any collectible assets, then the judgement is worthless, but it will still go on your public record, and may prevent future landlords from renting to you.

 

[ecmst12]

Because this is a disputed debt, unlike a credit card or a utility bill or something, he can send it to a collection agency but the debt can NOT legally be reported to the credit agencies until a judge says it's a valid debt. If they try, you can dispute it.