I broke a lease with a crappy apartment complex, how do I get them off my credit?

Question

I broke the lease about 3 years ago, for two reasons the bad conditions and service from the apartment complex and the fact that I wanted to purchase a house. Now they have put a $5000 collections account on my credit. They don't deserve a penny, they are trying to charge me for all kinds of stuff like carpet, clean up, ect.. The kicker with the carpet is that it was already stained when I moved in and I filled out a sheet that stated the fact. Now the apartment complex has sold out to condos so they are not even in business any more. Please let me know if any one knows how to fix this.

The apartment complex is out of business, the collections agency is listed on my equifax credit report. I tried to dispute it but the credit agency sent me a letter saying I had to discuss it with the credit agency directly.

with the collections agency.

Answer 1

Here is what you need to do.

First, read the link below about the Fair Credit Reporting Act and the Fair Debt Collections Act.

You must follow these procedures exactly! And send any letters by certified mail/return receipt. Log any phone calls, dates, and who you talked to.

You already contacted the credit reporting agency and they sent you a letter back, basically saying the debt was valid. So Step 1 is complete.

Now send the collection agency a "demand to validate" letter. Inform them that the amount they claim you owe is incorrect, and be sure to explain about the damage you are being billed for. If you have a copy of the walk-thru when you signed the lease, send them a copy! Keep that paper, it's going to save you in the future.

In your letter, demand to see a copy of the original lease, all bills, receipts, and everything used to calculate what they claim you owe.

This information is called "validation" and shows that you have a legal obligation to pay this debt. If they can not produce it, they can not legally place information on your credit report. If they do, they are violating the FCRA by posting unvalidated information to your history, and they can be sued for $1000.

If the apartment complex is out of business, I'm going to bet they will have an awful time coming up with this information. The collection agency probably just picked up the debt and all they will have is a copy of the last bill. That is NOT proper validation.

Hope this helps.

Answer 2

I need clarification- is the company who put the $5000 collections on your account still in business? What account is this being reported on? If it is being reported on your credit statement, contact the credit reporting companies and dispute it.

The time to deal with the actual amount of the dispute is long past. You should have addressed the items like carpet replacement, clean up, etc at the time it happened.

If you wanted to pay the money now, who would the check be made out to? You should contact whomever you would make to check out to and try to resolve this issue. Maybe they will settle for a lot less and then remove the collections account on your credit report.

Answer 3

If you broke the lease, you legally owe the money. You may be able to get a court to void part or all of the debt on the grounds the apartment complex defaulted on their obligations. See an attorney about this option. In the mean time, your can place a statement on your report about the account. It won't make it go away, but it will tell your side of the story.

Answer 4

You can file a greivance with your government office in most areas, but don't expect much to come of it, landlord have a lot of power. You can sue them, but I'm not sure what for, I don't know if you can sur to have a debt removed. I would call their office, ask what it will take to settle it, and then let them know your lawyer will be calling them. If they sue you, get a lawyer and defend yourself. You may also be able to contact the credit agencies and dispute the information. They will have ways to continue. Sorry to hear about this, it happened to me too. I just left it on my credit and it hurt somewhat for some years.

Answer 5

You're going to have to hire an attorney. File a claim against the apartment building for the amount owed plus legal fees for defamation of character and have them remove it from your report that way. Once you show the credit bureau the outcome of the lawsuit you'll have no problem. If you have any pictures or witnesses please be prepared.