[laytosha]

I live in TN. I used to stay in some apts. And I did break the lease. My thing is that in the lease it states that you can break the lease and to give a 30 day notice which I did. My concern is in the lease it states that you would forfeit your deposit if you break the lease, but I signed a separate sheet of paper that talks about security deposit policy and it states that if you owe for cleaning fees, deliquent fees, or re-rental fees and the lease has not expired then your deposit will be applied towards what you owe. I owed 804 when I moved out and I had a 690 deposit. None of my deposit was applied towards my fees. They kept my deposit and applied the total I owed on to my credit report. Can they do this even when I signed papers stating they would deduct the fees from my deposit?

[rockinmommy]

Did they itemize what the $804 was for? If it falls within the list of things stated in your paperwork then it sounds like they're not following their own rules.

Make copies of your paperwork, highlight the area you mentioned, and formally write out your complaint. Send that to them, or if you had a good relationship with someone in management take the letter in and discuss it with them. From what you described it sounds like you do legitimately owe $114. If you approach them professionally with a written request and the money you DO owe them they'll be more likely to work with you. Tell them you want it removed from your credit report - not noted as paid.

If they won't work with you file a case against them in small claims court. If you read your state's ll/tenant laws (see the first post in this forum) it will say what you can actually sue them for. Usually it's something like twice the amount of the deposit if they mess up how they return it or apply it. Of course you'll need to read the lease and the additional papers you signed carefully, because it may state more about when the lease is broken.

HTH,
Karla in TX

[laytosha]

I live in TN. I used to stay in some apts. and I did break the lease. My thing is that in the lease it states that you can break the lease and to give a 30 day notice which I did. My concern is in the lease it states that you would forfeit your deposit if you break the lease, but I signed a separate sheet of paper that talks about security deposit policy and it states that if you owe for cleaning fees, deliquent fees, or re-rental fees and the lease has not expired then your deposit will be applied towards what you owe. I owed 804 when I moved out and I had a 690 deposit. None of my deposit was applied towards my fees. They kept my deposit and applied the total I owed on to my credit report. Can they do this even when I signed papers stating they would deduct the fees from my deposit?

I tried talking to the real estate company(apts.) and it did not work. They only want to go by the lease not the additional papers I signed. They told me they would take off 200 concession fee because it was not in the lease. They itemized it. I owe 114 for the week of one month, 490 term fee, and a 200 concession fee. I am in the process of getting it disputed on my credit report. But I just really need some advice of what I can do next.

[ScottGem]

The lease says your deposit is forfeit. Did they sign the addendum also?

[laytosha]

If the addenum means the other papers I signed. Yes they did. I intialed and the apt. manager signed.

[ScottGem]

Then they have to honor it. If they don't you will have to sue them.

[laytosha]

I have never sued anyone in my life. How would I go about sueing?

[ScottGem]

Check out Small Claims court in your area

What you also can try is sending them a check for the $114 difference mark it paid in full

[laytosha]

Thank you! I will certainly try that.