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bella2738 | What happens when you break your lease and don't pay? |
I am breaking my lease at my apartment complex. I gave a 60 day notice and I am paying the rent until my very last day. But they are also charging me another move out fee of $865.00. What happens if I pay all of my rent, clean the apartment, turn in the keys but don't pay the move out fee? Will it go to court or will it go to collections? |
 |
 
reenzz
 |
1. You would get sued for any damages your breach caused. Meaning any back rent, rent for the time the unit remained unoccupied, attorney fees, court costs, late fees & filing fees.
2. The landlord, if he's smart, will turn your case over to a collection agency or lawyer.
3. The agency/lawyer will actively persue collection for 10 year (20 years if they apply for a renewal)
4. They can garnish your wages, levy your bank accounts, seize your IRS returns and attach liens to any property or car you may own.
5. Put a huge ding on your credit report...making it nearly impossible to pass a credit check at another apartment.
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Steve D
 |
Regardless of how much notice you gave, you are liable for the lease until it expires. The rental company can sue and require payment until the end of the lease (assuming a judge agrees). The move out fee is their way of ensuring that they can rent the apartment. |
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chatsplas
 |
READ your lease. You are in the WRONG, you are breaking your lease. They can sue you, give you bad references.
First you break your lease, then you fail to pay what you agreed to pay when they are letting you out of your lease. If they send it to court, you will LOSE, and they can collect court costs, etc.
LL was being nice to you, letting you out of lease, and now you're trying to stick it to him and NOT pay for the consequences of you breaking your lease. He could have held you to whole lease term, all rent, but didn't. |
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schwildcat1977
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YES - it will go to court and YES it will go to collections.
Irregardless of if you pay all the rent or not - YOU ARE STILL BREAKING THE LEASE and must pay the penalties!!!
You are actually getting off easy - that is a low lease buyout fee and it doesn't seem that they are charging you rent till the end of the lease. |
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John D
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They will sue you, thats a lease termination fee. |
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Natalia
|
If you do not fulfill your lease you can be charged a relating fee. It is an amount that is stated in your lease when you moved in. You are responsible to pay the relating fee or your account could be sent to collections. If still not paid it can go on your credit record. If in the future you go to another apartment community and they will do a rental verification it will show that you have a balance owing. It is great that you gave the 60 day notice, unfortunately since you will move out before the lease contract expires you are responsible for the relating fee. Sorry. |
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I Buy And Sell Houses
 |
If you owe the money (a move-out fee) and don't pay, yes, they can take you to court or turn it over to a collection agency.
You know, I just don't understand your question and those like it. You had a lease. That's a contract. You're breaking the lease. That means you're violating the contract. What part of that do you (and others who post similar questions) not understand?
It's simple. Very simple. You and your apartment complex had a bilateral agreement. They agreed to provide housing to you for a set period of time (probably a year) in return for a set amount of money. Now you're saying you don't want to pay your full obligation. They have every legal and moral right to attempt to collect. |
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Weimaraner Mom
 |
If you are breaking your lease and it states you have to pay a penalty then you are legally obligated to pay the fee of $865.00. If you don't it will go to collections and if the LL decides to get a judgement against you then it will attach to your credit, if it goes to collections it'll attach to your credit as unpaid. A judgment will prevent you from buying a house, a car, getting a loan getting another apartment etc.
It doesn't matter that you do all those things what matters is if you pay the penalty. |
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Erica A
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yes it will |
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Trouble
 |
The landlord does not have to let you out of the lease without it costing you $$$.
The landlord can hold you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can hold you liable for any costs he incurs due to your breach, such as advertising costs, agent fees, etc.
If you do not pay the amounts above, the landlord can sue you. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.
Your rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.
Future landlords will deny renting to you due to the unpaid judgment. Many employers check credit, so you can be scrutinized for having the open judgment against you. Insurance companies and other creditors pull credit and adjust your rates dependant on your credit, so you will be paying higher rates for many years.
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muffett1
|
not sure which country you live in
do you have a Rental Tenant act that you can call & find out from them
that is nuts to charge that amt of money I have never heard of that
make some calls & find out what your rights are before you do anything don;t let them bully you
good luck |
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