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-   -   Can a broken lease cause a lien? (https://www.askmehelpdesk.com/showthread.php?t=64592)

  • Feb 20, 2007, 10:02 AM
    ctisdale06
    Can a broken lease cause a lien?
    I signed a lease and moved into an apartment. I was there for about 14days and got a transfer. I let the apartment complex know and gave them my address to send me the bill for canceling the lease. I was under the impression of one month plus 80% of the second month and any move in incentivies. The move in stated that I would pay first month and received the second month free. I did not receive anything from the complex. This was the end of November and I just got a call from the collection company asking for a total of $2200.00. I disagreed with the amount, but still offered to make payments which were not accepted. Then I was told that there would be a lien put on my house. I just bought (mortgaged) a house at the end of January. Can a collection company put a lien on my house??
  • Feb 20, 2007, 10:23 AM
    excon
    Hello ct:

    Can a broken lease cause a lien? Not exactly, but a broken lease can cause a lawsuit, which can cause a judgment, which can cause a lien.

    When did all this happen? What state? Were you sued? I doubt you were or you probably wouldn't have gotten a mortgage.

    When first contacted by a collection agency, in the first 30 days, you have the right to demand that they verify the debt. If you don't, the debt is assumed to be yours. If you didn't do that, do it now. Do ALL your communications with them in writing. If you talk on the phone with them, follow up with a letter encapsulating the conversation. Ask them to show you how the landlord mitigated his losses.

    Get back to us.

    excon
  • Feb 20, 2007, 10:38 AM
    Fr_Chuck
    When you sign a lease you are obligated to all the terms of the lease, thus you can not move out without paying either the entire lease or the rental till they find someone else to rent the apartment.

    And you are responsible for all those payments, in many places you are required to leave utilities on in them, by the lease.
    And the "second month" is free if you stay and complete the lease, not if you move in for 2 weeks,

    So honestly not knowing the facts as to the entire monthly payment, this amount sounds fairly cheap at this point. But you need to read the copy of your lease to see exactly what they can or can't charge you for.

    Next would not take payments, what amount did you offer, 100 a month ? 10 a month, Did you call and talk to the apartment owner and see if they will settle for a lower amount ( if you can pay it, perhaps 1200 or 1500 as a settlement paid in full)

    And as mentioned, if you owe it, they can sue you, they can get a judgement, they could ( depending on your state) get a garnishment on your wages, get an attachment on your money in the bank. ( which is what they would most likely do first, since theywant the money.

    But they may be able in some states to get a lien on your home.
  • Feb 20, 2007, 11:22 AM
    landlord advocate
    Quote:

    Originally Posted by ctisdale06
    I signed a lease and moved into an apartment. I was there for about 14days and got a transfer. I let the apartment complex know and gave them my address to send me the bill for canceling the lease. I was under the impression of one month plus 80% of the second month and any move in incentivies. the move in stated that I would pay first month and received the second month free. I did not receive anything from the complex. this was the end of november and I just got a call from the collection company asking for a total of $2200.00. I disagreed with the amount, but still offered to make payments which were not accepted. Then i was told that there would be a lien put on my house. I just bought (mortgaged) a house at the end of January. Can a collection company put a lien on my house???

    They can not put a lien on the house without first obtaining a judgement. Considering you signed a one year lease, you have responsibilities towards the landlord. Now that you own a home, the landlord with or without the help of a collection agency will eventually get their money. Do what you can to mitigate the damage. Allowing this to continue only means it will cost you more money down the road. In order to receive the second month free, I am sure there was a clause in there stating that you would have to pay your rent on time and as agreed for the full term of the lease or the second month would not be free. Suggestion: Try calling the apartment complex and offering them a reduced amount. Sounds like the collection agency knows you are a good catch and are going for the gusto. The landlord may well figure a bird in the hand is worth two in the bush and take less than the amount owed. To get the judgment, the landlord is either going to have to pay the collection company to prosecute the case or get his own attorney... costly. My bet is on the landlord not even knowing that you are willing to negotiate the money owed. Give him a call and bypass the collection agency for now.

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