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theyRmysunshine | Will I ever be able rent again?? |
To make a long story short about a year and a half or so ago, I signed a lease at an apartment complex that I thought I could afford. I am a single mom of two( was pregnant with the second at the time) my boyfriend moved in with me and after about 6 months living there we decided we couldn't afford it. So I broke my lease in order to move in somewhere that was half the rent I was paying there (695 to 375 for 2 bd) The nieghborhood wasn't as good, but I could afford the rent.
Now I owe a collection agency 4200 dollars for breaking the lease. I WAS NOT EVICTED. My lease at the place I'm at now is up Oct 1st. I am moving in with a friend for a couple months while I do my externship for dental assisting school (2 months) and then I plan on moving somewhere on my own. Is it going to be hard to find a place bc of this? Will I just need a cosigner or something? I want to have some of the 4200 paid off after I get my tax return this Feb.
Any suggestions/ideas will be GREATLY appreciated!! Additional Details BTW I am no longer with the boyfriend...he was just a mooch....he is the whole reason I am in this mess. |
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Dr. Hill Arius
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I say try to stay with small houses. Most are run by homeowners/landlords. Some or most don't do credit checks. If you can just prove to them that you can afford the rent and get some references (maybe from some friends, family, co-workers/bosses, and other places you have successfully rented at), then you should be good to go. You might also want to be up front with them and tell them that that situation was unique to your habits and overall renting history, that you regret that it had to happen and are much more reliable and trustworthy than that situation shows. Most people have a sense of sympathy and will give people a second chance...
~jaz~ |
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Morgan M
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Depends on where you want to live. Some places are strict on past rental related credit issues and some are not. The fancy gated place with the pool probably is. If you are employed or have income you will be served suit papers soon from the collection agency, and a wage or bank garnishment will soon follow. Write a letter to the previous LL and offer payments on a reduced amount by written agreement if they pull it from collections and from your credit. Explain in the letter your borderline situation, how the collection and credit hit will only hamper your ability to pay them at all, include a letter from your current landlord attesting to your good payment habits if you can. Write the collection agency right away and "dispute" the debt to try to keep it off your credit report and give you time to work something out. If you are close enough to the edge of making it and not regarding roof over your head and food on your table, you can file chapter 13 bankruptcy on the debt. This allows you to file on an individual debt (I think you still can, I haven't reviewed all of the recent bankruptcy changes) but don't do this unless all other avenues have failed, it is only to keep the roof and the food.
The landlord can charge you through the end of your term if he can prove he activley attempted to re-rent the property and was unable. He can charge you for the period the property was empty while he was attempting to re-rent even if he did manage it.
Collection agencies act on behalf of clients by contracts. They have become very good at these contract, they are binding have stand affirmed in court. They wouldn't be one of the fastest growing enterprises if they didn't. While the occasional rogue collector will disregard the FDCPA, the majority will not, and the information contained in their letters and calls is pertinent. They CAN and DO file suits, gain judgements and garnish your assets along with decimating your credit rating. Don't give them or verify information for them, but don't disregard them either. |
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ticketoride05
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depends on the circumstances |
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CW L
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there are very long dissertations of rudeness and just plain essays on what to do and what not to.
simply, the LLs and their associations do not keep records of community files of deadbeats, flakes and just plain down on their luck tenants.
Once you get this on your credit report ( and it hardly ever happens) that's the determining factor in credit.
Local landlords that are in the business of renting are not in the business of following you around and haunting you for money. They move on to bigger and better things and new tenants.
try your best to do whats right and do a Monty Hall with the LLs and just forget it ever happened. Do not bring it up to potential LLs, and moreover it will not be on the Bureau to foil your next move to a better life. |
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misfit
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will you be able to rent again? yes. however, you will need to pay off your debt to the leasing agency first. then, you will likely have to explain why you broke it in the first place (not the specifics and ins and outs....just a basic what happened and how/that you've learned your lesson so as to not have it happen again). with that, you need to go back and see what happened and how you can avoid it in the future. blaming an ex (even if he was lame and a big part) isn't going to fly. you need to see what part (including getting with a guy that caused problems) you played in this.
you can also use the fact that you're in school and completing to get a better job (more money) to note how you've grown in responsibility. this will also help.
i hope this assists. this isn't the end of the world, but you may have to trudge through for a bit to get yourself out of this. however, it is possible.
you might also check with the leasing company you were orignally with to see if they would be willing to go outside of a collection company. it's not likely, but they may be willing to work with you on this a little. that will also show up better. |
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tinyavenger
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A lot of rentals will allow you to break the lease but there are penalties associated with it. Since you broke it off so early, those penalties were probably very high. This would have been in your lease agreement. I would contact this place immediately and set up a payment schedule with them which would look a little better but you will still have a hard time getting utilities. You will most likely have to be large deposits for these and a larger deposit to any new place you rent from.
They may ask for 2 or 3 months rent rather than the standard deposit of one. |
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Bob D
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You broke your lease and I suspecting that you agreed to a payment if you broke the lease. Look at your lease agreement. It will be harder to find a place with a broken lease and collections on your credit report. |
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tigris
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I don't know what policy you signed for at this particular apartment complex. But I know a woman who managed to break her lease a couple of times by finding another tenant for the landlord who was acceptable to the landlord. The other tenant then took her lease over. Often there is just a penalty of one or two months rent if you break your lease. Read your rental agreement to find this out.
Was the apartment not occupied the entire time on your lease or not? If the apartment was rented out again I don't think the complex can collect rent from you. If they left it empty I am afraid they probably can.
I would try to find this out and also get advice from a local renters association. Most larger towns have something like that.
As most of my landlords did not ask for references you should be able to find a place, but probably not in an apartment complex. Some landlords also check your credit rating, I don't know how you stand there. Most private landlords didn't ask me anything. |
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I_Love_McRedneck
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It's going to be difficult.
Just because you weren't evicted, doesn't mean you don't owe the money - you said you'd give them a year's worth of rent & didn't - so they truly are entitled to your rent until they can find someone to re-rent it. It stinks because they'll rent every other apartment in the building before yours, just because they think it's free money. I've seen it happen one too many times.
My landlord forced me to break my lease, and I was able to prove in court that he had the opportunity to re-lease my apartment but chose not to & I didn't have to pay him a dime. He actually built a new complex and filled it up completely all while leaving my unit empty. He was scum though.
Next time, you can try websites like craigslist.org or rent.com to find someone to take over your lease, so you won't have to get into this situation.
That doesn't do much good now, but maybe talk to the owners of the complex to see if you can work out a payment arrangement. Even $100 a month would be good, they might consider taking the collection agency from your credit report.
Good luck!
Oh - I forgot to mention, sometimes craigslist is a good place to look for houses/duplexes for rent. If you can find something that isn't run by a management company, most places don't check credit if yo useem respectable. Don't use that as an excuse to screw them over. I had bad credit once (dead beat ex husband), and that was the only way I could find a place to live. I always paid my rent on time though, so it was just the blessing I was looking for. |
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ted.stryker
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Why would anyone rent to you again? So you could break yet another lease after finding another boyfriend? |
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cybersharque
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I would need to know what state you are in and whether the $4200 represents accrued rent unpaid when you broke the lease or the balance of the rent to the end of the term. AT $4200, it sure looks like they are trying to collect the rent through the end of the term, which is illegal in most states. If so, then their demand is a violation of the federal Fair Debt Collection Practices Act, and you can sue for a penalty of $1000 plus attorneys' fees and any actual damages you sustain.
You do not owe anything to the collection agency. The agency is acting on behalf of the landlord. If they are claiming that you owe them the money, they are almost certaintly in violation of the federal Fair Debt Collection Practices Act. Same as above: penalty of $1000 plus attorneys' fees and any actual damages you sustain.
You're going to need to be very, very confrontational with these leeches and probably will need to get an attorney, but fear not! The lawyer's fees should be paid by the collection agent and former landlord and you should not need to pay anything, just like a contingent fee in a personal injury case.
Check your credit report and see what, if anything, these leeches have reported to the agencies. That will figure into your lawsuit against them. Be strong. Be hard. Be vindicated. IN many cities, you could have hung on not paying rent for months on end. You did the honorable thing, and now these leeches need to bleed. |
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Johnny A
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You wont be able to have a utilities either...YOU broke the lease...take some responsibility and pay what you owe. If you were trying to rent my house...I would deny you. This was not meant to be rude, but, come on, you knew exactly what you were doing...there are consequences for you actions...How do you think the owner of the APt feels?? Gimme a break... |
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