Please see issue in letter sent to main landlord:


"Hello Good Day,
I am a former resident (apartment 307) of XXX House in NW Washington DC. I was under lease until 2006.

In summer 2006 I went to my home country of Overseas, and did not return. I called to let Mr. Smith, the then on-site manager, know that I intended to end the lease. He indicated that I would have to submit a written one month notice. In October 2006, my one-month notice was hand delivered to Mr. Smith at XXX House. The letter notified him of my intentions to discontinue my lease as of November 2006. The letter also contained my contact information here in Overseas. Smith was asked for a receipt, but he said this would not be necessary. I also let Mr. Pierre, who was staying in my apartment at that time (known to Smith), know of my intentions to end the lease.

In early 2007 I learned that Pierre was still living in 307 under what I assumed was a new lease. However, I also learnt that he was in possession and use of some of my personal belongings. After I sent a couple of my friends over to the apartment building to ask for any leftover items, my friends received a call from Smith. He warned us that since I was no longer a resident of XXX House, I was disallowed to enter the premises/room and my friends should not do so either. In terms of my personal items he said that they were rightfully discarded, since I was no longer on the lease, and I had not had a chance to return to DC to get my belongings. He had received complaints from the current tenant (Pierre).

Last week I received a call from the credit agency concerning the apartment. Allegedly I owe close to $4,000 for outstanding payments from August 2007 through November 2007. However, I have been living in Overseas since 2006 (as can be seen from documentation such as my work pay stubs). This means that Pierre apparently has been living not under a new lease, but under my old one. The one-month notice that was submitted was not found in my file last week at XXX House. This is in spite of the fact that in early 2007 Smith called to warn me/my friends not be on the compound since I was no longer a resident there. I was completely unaware that my identity and information was being used in this way by someone who was essentially trespassing. I followed the proper procedure of submitting my one-month notice in a timely fashion and in writing as instructed. As far as I knew, this was all that needed to be done on my part.

I had not even known that I was required to attend court. Was there a full eviction? A money judgement?
Was the rent paid between November 2006 and July 2007 via personal checks? "


Can anything be done?
Is this similar to Kiehm vs Adams case and Pierre be judged a trespasser? (Kiehm v. Adams (http://www.state.hi.us/jud/opinions/sct/2005/25411.htm))

The mgt company refuses to let me contact Smith, who apparently no longer works with the company. Can Smith be held responsible?


Please help urgently!

Just curious: If Smith no longer works for the company, how can the company refuse to let you speak with him?

Well I asked for his contact information, since he is one of the missing links. However, the company would not give me the info, and I do not believe they even bothered to contact him.
As for Pierre, after he was evicted he has since moved in with his girlfriend in the DC area.

Send a letter to the credit agency that contacted you. Inform them of everything that you said here, including the fact that you will have witnesses available to prove that proper notice was given and that they were told to leave the premises since your tenancy was ended.

Make sure that the letter states your current address. Send it by some form of mailing where you are able to get a signature confirming that they received it. That way if they try to sue you for a money judgment they will have to serve you at your current location. If they do it then you should retain an attorney in the area where the apartment is located to defend you.

If they have already obtained a judgment against you then you should retain an attorney who should be able to have the judgment vacated and then defend you at trial.

I have a suspicious mind. I have a feeling this is a homework question trying to see if this set of circumstances meets the precendent case cited. Otherwise why bring in that case?

Does it really matter whether Pierre was a trespasser or not? The real question here is whether management was aware that you had terminated the lease as of 11/2006. That is the ONLY issue of any importance. If you can prove that you properly informed management of the lease termination, then you are off the hook.

On a separate note. The building management would have the right to prevent you or your agents from entering the unit to retrieve any belongings. They would have NO right to prevent you or your agents from knocking on the door of the unit and asking the current tenant to return said belongings.

Thank you.
I am unsure if they have already issued the judgement. I have not received it, so I assume they have not. Would they have given this to Pierre before he was thrown out, since they assumed Pierre to be me? This is similar to how I had no knowledge of my court date for the dispute, since all correspondence was sent to the apt, to Pierre. Bear in mind that the one-month notice I gave to Smith included my Oversease contact information.

I will use your advice to send a letter to the credit agency. I had only emailed the main landlords, who had said that they would be in contact with the agency.
Their reply to my email sent was that I am still going to be held accountable, and must pay the $4000. If I do not, it will affect my credit.

Is it advisable to start making arrangements with the agency to pay in installments? Or would this be seen as me taking up the repsonsibility for all payment? And would it ever be reimbursed?

Is it advisable to start making arrangements with the agency to pay in installments? Or would this be seen as me taking up the repsonsibility for all payment? And would it ever be reimbursed?

Why would you even think of paying a debt you don't owe?

Hi Scott,

I also wish it were only a homework problem, but unfortunately it is in fact a real life situation. I only referred to the case because, as a college student (studying business, not law) I have learnt the value of doing research to help back up any arguments, instead of simply calling up the landlord and sounding like some young person who they think they can take advantage of. I have taken one business law class a couple semesters ago, and the one thing I remembered is that our professor advised us to stand on past cases if ever we have a dispute with anybody about anything, since it's likely that someone else once had a similar dispute.

In terms of proving that I terminated the lease, my girlfriend hand delivered the letter to the on-site person. She wasn't given any receipt. This was the regular protocol for the bldg. After she gave him the letter, he was suppposed to fax it to main management downtown, but he did not.

In terms of the belongings, my friends simply went to the apartment. Pierre's friends were there, but Pierre himself was not. My friends asked the guys (they all knew each other) if they could come in to get my stuff, and the guys just opened the door and let them in.

Thank You

Additionally, I would think of paying it because of the fact that my mother is my guarantor on the lease. Therefore, it would mess up not only my credit but hers as well (?). Her situation is not that good right now, and I would hate it made worse all because of me.

Like I said, Pierre's status has no bearing on you. If the landlord didn't ask him to vacate after you terminated the lease, that's their problem not yours. You have only to prove that you gave sufficient notice to the landlord.

However, if your only proof is your girlfriend's testimony, that could be a problem.

Besides, they have offered to let me pay in installments, so hopefully it will all be settled before I have really gone that much in the hole. If I do not pay anything, they have said it will soon be put on my report and affect the credit.

No it won't. They always tell you that to scare you into paying. You tell them if they report this to the credit bureaus before its resolved in court, you will sue them for false statements.

If you do not owe the debt then you don't pay. ANY payment is an admission that you do owe the debt.

The creditors continue to call me, as the management has said that I am responsible. They have not answered me as to if a money judgement had been issued. If it was, isn't it only valid if I personally received it? I received nothing like that at all. In fact, all I have been getting are phone calls from the credit people threatening to put it on my and my mom's credit report.

Also, would the avg cost of a lawyer etc be more than the $4000 they claim I owe?

I stand by my previous advice. I think they are making empty threats.

For them to obtain a jusdgement you need to be served with a summons. If you were not served, the judgement can be vacagted if they push it through.