[ojs0905]

I have lived in an Apartment complex for the last 4 years and have been moved to three different apartments to resolve my bug issues (roaches and Ants). I tried to live with it until my 2 year old daughter started to get bitten. I spoke to the property manager at the time that I needed to break my lease because of this issue and she verbally agreed to let me break my lease and move out. As I moved out she was let go (fired) and replaced by another property manager who did not care about the verbal agreement which I understand that I did not get it in writing and it was my mistake. After I explained the issue they claimed that they where treating the property for the bugs, but I had already moved out... The property manager stated that they will be sending me to collections. I have pictures of my daughters bites and the roaches and ants in the apartment, does this help to fight the collections?

The collections agent who has contacted me is a real master piece! She kept hanging up the phone on me when I was explaining the situation (real professional). She kept stating that I was in a “garnishment status” yet she only contacted me once! I looked up Florida garnishment laws and if I was not mistaken they cannot garnish my wages for a broken lease… only child support, medical, and student loans are allowable… I’m head of household so I can also be excused from what I read… Not sure if I’m reading rubbish or if I’m steering myself in the wrong direction… PLEASE HELP what can I do??

[JudyKayTee]

In ANY State no attempt to collect, file a garnishment, can be made until a Judgment is entered against you. If you haven't been served with legal papers there isn't a Judgment against you and the collection person is trying to intimidate and scare you.

IF the apartment attempts to sue you you would take your evidence to Court, explain the situation and the apartment rep will do the same. The Judge will believe one of you and issue a verdict.

If you moved into an apartment which charged substantially less rent there will be a question about your "true" motives.

Do you have evidence of the bites?

[ojs0905]

Yes I do in large photos, also to answer your other question, my rent was $1130 a month and the place I'm renting now is a house for $1600 a month... so Its not the money just the living condition and now the managements attitude as stated... As for the collections agent what will be the next step? After I told her I did a chapter 7 and have no credit or assets for her to screw up she hung up the phone again...

[hheath541]

Is there anyway to contact the former manager, in case you do have to go to court?

How much of your lease was left?

[ojs0905]

The former manager retired and MIA LOL! My lease states that if I break my lease I will have to pay (2) months rent $2260... Regardless I had (2) months left on my lease...

[AK lawyer]

... As for the collections agent what will be the next step? After I told her I did a chapter 7 and have no credit or assets for her to screw up she hung up the phone again...

As Judy KT told you, the next step would be for them to sue you. Don't hold your breath: they very well might do nothing except possibly continue to nag you with phone calls.

I assume you were lying about the Chapter 7? Because, of course, if you were telling the truth that changes things entirely. :)

[hheath541]

The former manager retired and MIA LOL! My lease states that if I break my lease I will have to pay (2) months rent $2260... Regardless I had (2) months left on my lease...

Well, if they do decide to take you to court, you might be able to get her subpoenaed. I'm not sure how well a verbal agreement will hold up in court, but it's worth a try.

It seems doubtful, to me, that they would take you to court. They'd be paying more in court costs then they'd be getting in back rent.

[JudyKayTee]

well, if they do decide to take you to court, you might be able to get her subpoenaed. I'm not sure how well a verbal agreement will hold up in court, but it's worth a try.

it seems doubtful, to me, that they would take you to court. they'd be paying more in court costs then they'd be getting in back rent.

You cannot amend a written document with an oral agreement. The written document still stands.

There is no point in a subpoena as the lease could not be changed by oral agreement.

[AK lawyer]

... it seems doubtful, to me, that they would take you to court. they'd be paying more in court costs then they'd be getting in back rent.

Not really. Court costs will be nowhere near $2,260. And of course if they win the judgment would add court costs to that. But I agree that they probably won't sue.

[ojs0905]

I did not lie about the chapter 7 and at the time I did not add it because it was done before I even thought I was going to go through this issue on the lease... My Bankruptcy lawyer told me he could not add it and I should have told him about it... I explained to him the situation and he rushed me off the phone and told me to deal with it and it's not worth paying him to deal with it... (not using him again)

[JudyKayTee]

If ALL of your info was not included in your Chapter 7 you have committed bankruptcy fraud (for whatever reason) and it needs to be corrected.

If this was NOT included it is NOT discharged and you are liable - Bankruptcy does not offer you protection for all things on all levels for all time. It only protects you when the debt is listed.

I am stunned by the actions of your Attorney.

[AK lawyer]

... My Bankruptcy lawyer told me ... I should have told him about it...

He was right.

[ojs0905]

I did the bankruptcy 8 months before the lease was broken; I assume that proves that there was no fraud being done just bad living conditions. Since it was 8 months before the lease was broken will I still be able to add this and correct my bankruptcy from being looked at as a fraud or would this be considered as a separate category? Sorry for the questioning, but I just need to know where I stand and what to prepare for... I'm the only income in my home and I need to take care of my family so being prepared is crucial...

[JudyKayTee]

Your debts on the date of filing are just that - all of your debts at the date of filing.

Any new debts can and will result in collection and/or judgment against you.

A Chapter 7 does not cover debts following filing or else everyone who filed would never have t pay another bill.

I understand your dilema but the law is the law - !

[Fr_Chuck]

If you filed your chapter 7 but it has not been discharged yet, you can amend your filing. If it has been discharged, then you can't, Debts after the discharge of a chapter 7 have to be paid, and can not be discharged

[JudyKayTee]

If you filed your chapter 7 but it has not been discharged yet, you can amend your filing. If it has been discharged, then you can't, Debts after the discharge of a chapter 7 have to be paid, and can not be discharged

I thought that debts incurred AFTER the filing cannot be added - ? If you (by mistake) leave something out, that's one thing.

If you incur a new debt, well, that's another.

Sometimes these things take months and it would be unfair (I think) for other creditors to be frozen out while the Petitioner incurs new debts.

[AK lawyer]

... I assume you were lying about the Chapter 7? Because, of course, if you were telling the truth that changes things entirely. :)

When I wrote this, I was reading your previous post as saying that you had filed Chapter 7 after you had broken the lease. It is now clear that the bankruptcy preceded the lease disagreement. In that case, the bankruptcy might not be as pertinent as I thought.

BTW, when I used the term "lying", I didn't intent to cast negative implications upon your integrity. You were, after all, talking to a low-life credit collection agency. I hope you were not offended.

[ojs0905]

Ok, after reviewing all the different posted comments it is safe to say that "it - is -what - it - is", and I have to either wait until I go to court and bring my photos to show the bad living conditions and the result to my drastic decision on breaking my lease (2) months prematurely (If the collection’s agent takes it to the next level). This will have two outcomes (1) I lose the case and a judgment is held against me and I would be forced to pay court fees as well as the $2260.00, by garnishment of wages or appointed payment plan. I could also petition the garnishment since I’m head-of-household per Florida State Law, and create a payment plan which would drag out the repayment process which would better work in my favor. (2) I win the case and happily ever after… (Unlikely from comments posted) since I had a Bankruptcy and there where no written signed documents with old management clarifying and formalizing the agreed breaking of my lease. I really don’t care on adding this “New acquired debt” to the bankruptcy I just do not want to be seen as a falsifier or a criminal. I’m not irresponsible if that’s what I seem to be looked as since I did a bankruptcy (Chapter 7)… I lost my job and fell off the perfect credit lifestyle and it was more favorable doing a (Chapter 7) and start over than to have bad credit and high interest payments living month to month… I have a great job again and I’m starting my life again as well. NOTE: I will continue and fight this because no person in the US should be bullied around and pay rent on-time to have there kid(s) get bit up by bugs because property management takes short cuts on resolving property priorities. I have never been late on my rent even when I loss my job! All I wanted was a safe place for my wife and daughter and no headaches. I have a house that I’m renting now that’s clean safe and the landlord keeps up with the property weekly… That’s worth this headache and fight… Thank you all for your comments and clarification. This weekend I will visit my old neighbors and create a large signed petition on the property conditions as well as (with permission) take photos of the bugs in there homes. I WILL NOT BE TAKEN AVANTAGE OF OR PLAN ON GIVING UP!

[JudyKayTee]

Thank you all for your comments and clarification. This weekend I will visit my old neighbors and create a large signed petition on the property conditions as well as (with permission) take photos of the bugs in there homes. I WILL NOT BE TAKEN AVANTAGE OF OR PLAN ON GIVING UP!

Unless you want to push the landlord into suing you I would give up on this plan - guaranteed to cause you to go to Court.

Also - "bugs" in another apartment does not legally mean (in my area) that there were'are "bugs" in YOUR apartment. I have seen a tenant go to Court with another tenant, both complaining of rodents, and have the Judge decide the witness tenant is of no value.

Again - unless you have a desire to be sued I would leave it alone.

I don't see that you have been taken advantage of - yet. Maybe you aren't happy, maybe you didn't want to move, maybe you were ignored and that frustrates you - but I don't see that you've lost any money and suspect you very well might if you push this.

Again - stay away. You have nothing to gain and everything to lose. This is the same as painting a target on your back and handing the landlord a gun.

[Fr_Chuck]

Yes that about sums it up.

On the bankruptcy if it is a new debt, from after the filing you can not add it, but if the debt happened before, it can be added.
Or of course they could do a dismissal of the filing, wait and refile with additional debts. If they lived and moved out of the apartment before the filing, merely were not billed or sued for the money, it could be added, ( if not discharged) *** well could try to add, it is always up to the trustee or judge.

*** photos of bugs in their apartment, and bugs now will most likely not be allowed into evidence since it is after you moved out, what is needed is photos of the bugs in YOUR apartment prior to you moving out