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torra · Nov 1, 2008, 02:20 PM

In August we were looking for an apartment, found one, called them they said we needed to give them a deposit and sign a lease. OK. They sent it to us over the fax. We signed everything and faxed it back. But because of the size of the paper, I guess, the document came over there in pieces so they sent us papers by real mail to sign. Meanwhile, we bought a house, never sent those papers back. Now they want money, for cancellation. They are going to report us to collection agency. I mean for what? We never even looked at the place and never met those people, not talking about that we never signed the real lease, all they have is pieces of what we sent over the fax, that like they said weren't clear enough. Is there anything that can be done to reverse this process against us??
This is real urgent, please please who knows anything about this I beg you to help us with an advice!! I'd rather hire a lawer and pay what they say we owe to him then to their greedy asses!

excon · Nov 2, 2008, 05:07 AM

Hello torra:

Write them a letter. Send it certified, return receipt requested. In it, tell them that you never looked at the apartment, and don't want it. Tell them to sue if they think they have a case. Tell them further, that if they damage your credit rating, you'll sue them for the maximum allowed under the law.

excon

torra · Nov 2, 2008, 07:55 AM

Hi, Excon, thanks for quick response,
What I am afraid of that they kept those papers (even though they are in pieces), that's their proof that we have signed the lease, with that we don't have nothing, no case..

excon · Nov 2, 2008, 08:03 AM

Hello again, torra:

I don't disagree with you. But, I'm not here to beat you up. You absolutely should NOT have signed the lease, and if they have a copy, it ain't going to help you.

However, in small claims court, they're not as anal about the letter of the law as they are in superior court. And, THAT'S only if you're sued.

My suggestions are aimed at eliminating the lawsuit in the first place. The hope being that the apartment complex doesn't really want to fight. They just want somebody to lay down for them and send them a check.

You aren't going to do that. Instead you're being aqgressive with them. Yes, it's puffing, but as you noted, you don't have anything else.

excon

torra · Nov 2, 2008, 08:22 AM

May be ask them first to sent me a copy of what they have and go from there, tell them that unless I have a copy of the lease that signed I ain't paying nothing?

excon · Nov 2, 2008, 08:33 AM

Hello again, torra:

And, if they DO have a copy, then you're going to pay?? If that's your plan, then go ahead. But, if not, I don't think you should infer that you'll pay. I'd tell 'em that you're not going to pay EVEN IF they have your signature.

Look. If you had seen the apartment and signed the lease, then I'd be on THEIR side. But, they hornswaggled you into signing a lease before you even looked at the apartment. A major part of contract law is, that even if an agreement WAS signed, if there was no "meeting of the minds", then the contract is void. There was NO meeting of the minds here. You were looking. They were renting.

I again, recommend that you follow my advice... Course, if you got extra money to send to anybody that demands some of it, send some to me.

excon

torra · Nov 2, 2008, 08:38 AM

No, I think you have something there, and I don't think I want to pay for something I never laid my foot on.
So.. I'll try, I am good at letter writing, even though I am a forigner lol

torra · Nov 2, 2008, 08:40 AM

excon, don't mean to be a pain, but what if they report us to a collection no matter what . After that is there a chance to despute that? Or do you know?

excon · Nov 2, 2008, 08:49 AM

Hello again, torra:

Nahh, I don't mind, and of course, I know.

Sure, you can dispute it with the collection agency. But, it won't do you any good. They're not interested in your explanations or your dispute. They're only interested in COLLECTING your MONEY.

Once this account is turned over to a collection agency, a negative mark will be placed on your credit report. You'll have a very hard time having it removed if you can at all. It will damage your credit rating severely.

You want to STOP that from happening in the first place. That's why you threaten to SUE them for ALL the money that the law allows for damaging your credit if they proceed with their FRIVOLOUS claim. I'd even use the word frivolous.

excon

torra · Nov 2, 2008, 09:11 AM

OK, I'll try, I have two weeks before they turn it over to collection ( as it says in the letter)
THX Excon

rockinmommy · Nov 2, 2008, 10:09 AM

Do you still have the subsequent lease that they sent you by mail? Did it include a cover letter stating that they were seding it by mail because they couldn't read the faxed on? That would help your case, as well, because that would basically be their admittance that the first, faxed lease wasn't what they needed.

So did you ever pay them anything? Exactly what amounts are they trying to collect? (Not dollar amount, but what fees? Deposit? Rent? How many months, etc?)

torra · Nov 2, 2008, 08:33 PM

Unfortunately I didn't keep the papers, but it says on the statement
Accelerated rent 8.18-8.28: apt released 8.29.08 272.90
Reletting charge 599.25

torra · Nov 2, 2008, 08:34 PM

We didn't give them any deposit, and no, I havent' paid anything.

rockinmommy · Nov 2, 2008, 09:08 PM

Well, in my opinion if they have a signed lease they can probably win a judgement for at least something. (Even if the whole, entire thing isn't legible.) Since you DID sign and fax back a lease it shows that (at least at some point in time) you planned to lease the apartment.

It will come down to what the lease says happens if you don't pay your money or move in.

Did you call them and tell them you no longer wanted the place, or did you just never do anything more after you got the 2nd set of documents in the mail?

torra · Nov 2, 2008, 09:52 PM

What happened was I got papers in the mail where they asked my credit card info to make a deposit. They were still waiting on my current landlord to send them our rent history. Current lord hadn't respond to them at that point of time (it'd been over a week), so I asked a question by email, saying "what if they don't give you our rentors history, do we still get the apartment?" they never answered that, so I assumed that the deal was off, until we got the collection letter from them. I know we should have called, but we didn't, nothing we can do about it now.

excon · Nov 3, 2008, 05:58 AM

Hello again, torra:

It appeared at first glance that the landlord wanted a signed lease before he would even SHOW the apartment to you... That doesn't appear to be the case now. There was MUCH more negotiating going on here, than you originally spoke about.

Given this NEW information, I think you're going to have to pay them.

excon