I recently had to break Florida lease to move back to Wisconsin because of some health issues. The landlord wants a set amount to satisfy the lease and is threatening if not paid in full to turn it over to a collection agency. If I make some kind of payment per month that I can afford, can she still turn me into a collection agency although I am making some kind of effort towards the lease?

Make an agreement IN WRITING with landlord of Florida property otherwise you could face a collection item on your credit report.

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Originally Posted by ruskell22

If I make some kind of payment per month that I can afford, can she still turn me into a collection agency although I am making some kind of effort towards the lease?

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Hello r:

IF the set amount is LESS than your lease was, your landlord is doing you a favor, and I wouldn't mess with it. After all, you already HAD a written agreement that you violated.

I'm certain, that the amount you can "afford" to pay is a LOT less than she wants. Plus, I gather you think that as long as you pay SOMETHING, she CAN'T turn you over to collections. Nothing could be further from the truth. Your "effort" to pay isn't the issue. Your written agreement is. If you pay anything other than the amount you agreed to pay, then you are subject to collections.

excon

PS> I agree with civil. If you can get her to make another written agreement with you, and you adhere to it, you can't be sent to collections. But, I don't think she's going to do that.

Your landlord is being nice in offering you a buyout. She could charge you for the full remaining amount and send that amount out for collections. The only way to avoid a creditor using a collections agency to collect on a debt is to reach a MUTUALLY agreed payment plan and then stick to it. Also that agreement need to be in writing and signed by both parties.

In the absence of a negotiated agreement with her, yes. A partial payment is just that ; a partial payment and making a partial payment doesn't relieve you of the responsibility for paying the remainder. If you can come to some sort of agreement with her whereby you offer to pay a given amount and she accepts then that's good but be sure to get it all in writing.