Can landlords send a rent charge to collections?

Question

About 6 months ago we left our old apt. complex early and told the landlord we were leaving. they said it would be no problem but they had to check with corporate first. we left and heard nothing from them for about 2 months. Every once in a while they call us telling us corporate wanted one more months rent. I talked with her today and she said they are sending it to collections if we don't pay the balance. She claimed they left a note under our door before we left. She is threatening us having to pay interest and lawyer fees? Are these empty threats and can she actually send that supposed balance to collections. We did leave our lease early but they never told us we had to pay anything until months after we moved. Is this ligitimate?

Answer 1

Yes, they can do this. I do this, I loose 15% to the collection agency, but it is better then nothing.

Answer 2

Yes they can charge you for the last rent. Yes they can add on interest. Unfortunatly you dont have anything that says you could leave with out paying it. But the fact they took two months to telll you is weird. did they know where you moved to if so this is not right is not then yeah it could take 2 months to track someone. the best thing is to contact a lawyer and as them (some will give free info over the line on the best way to handle this) Laws are different in each state! Did you have a security deposit? if so did you get it back? Did you leave the place trashed? We leaving at the end of our lease and not paying the last months rent and making the landlord take it from the security deposit, Your not allowed to do it but its either this way or were calling codes and health department. (the apts has black mold and fire hazzords. If you had a security deposit and they gave it back to you after you moved then no you should be in the clear because thats what its for rent or to fix the apartment. If you left the place a mess ya you got to pay for that.

Answer 3

YES, you are entitled to a detail of the charges taken from your deposit and for which you are being billed Did you provide Ll with forwarding address when you moved? Why did it take so long to find you? Put it in writing to LL and collection agency, that you need a detailed listing of all the charges. Cleaning the carpets at $38 is VERY cheap; carpet cleaning is NOT normal wear and tear; it was cleaned when you moved in and you're supposed to clean the fridge and stove and bathroom and carpeting when you move out; Collections tend to be rude and keep demanding payment; they get paid ONLY when they collect. Do NOT pay until you have the requested information. Hard to be sympathetic when you brought this upon yourself. You got evicted after stiffing the LL for 3 months, and apparently didn't clean, didn't do walk-through with LL, didn't provide forwarding address, and may not even have turned in keys. And having not paid the back rent--which you knew you hadn't paid--there's interest on top of that, plus court fees, attorney fees, etc. So if LL went to court and got a judgment against you, then the amounts were detailed in court, and YES, LL can garnish your wages or bank account.

Answer 4

Sure, if you had a lease. But that comment about leaving a note under the door before you left is something that a lawyer could tear to pieces - hardly a defined delivery with proof of delivery. Instead of fighting, point out that proof of delivery would be a good thing for them to have and offer to pay a week's rent. You will probably end up paying two, but that is cheaper than paying a lawyer.
And if she does the "have to talk to corporate" game, come back with "if they don't accept this, I would like a name and phone number at corporate to talk to, rather than constantly waiting."

Answer 5

Yes....it is legitimate....they have every right to collect from you, if you cut out of a lease early without paying the full amount due to complete the lease....and it WILL go to a collection agency, and you may even wind up in court for
collection...plus, it will be put on your credit record. Most leases for rental property require notice to the management in writing at least 30 days prior to the date you move out. I would go back and read your lease! (If you bothered to keep a copy of it.) Sorry, but this is true.....bad news for you!

Answer 6

Yes absolutely they can. I have noticed most don't, they would have fees of their own to send it to a collection agency, but if the landlord can afford it, then he/she can send it if they want.

I would pull out your lease and see if it says you are responsible for rent payments until the apartment was rented... if so, then you are in fact responsible whether they explicitly told you or not.. which sucks... but if it does not say that in the lease, then no, you are not responsible.

I would suggest to avoid all this to call them and make payment arrangements... if you are working with them to pay, it is harder for them to make a court case with you.

Answer 7

You left your lease early and didn't think that there were consequences? Of course she can send you to collections...you owe the money since you breached the lease. If she takes you to court and you lose, then yes...you would be resposible for the file fees as well as the attorney fees.

Answer 8

Unfortunately they have the upper hand in this matter. You should have had them sign a release so that you would have documentation. Verbal agreements are legal but very hard to prove.

Ultimately it would cost you more to fight this unless you want to spend the time and go to Mayor's court where it again may be difficult to prove. Although you may not like the answer, in this case I would recommend settling and moving on.

Answer 9

Yes they can, you signed a lease and are responsible for the rent under the terms of that lease that includes any late fees and/or cancellation fees.

Answer 10

Check your landlord/tenant laws in your state. Sounds like to me they didn't follow proper procedures. First, demand a copy of the letter and check the date. Secondly, if you gave them thrity days notice and was out before the next month began then your off the hook for the remaining balance. Thirdly, if there was not any damage then they're just blowing smoke. So no I do not see how it is a legitimate claim.

Answer 11

I'm in the same situation right now. UNfortunately, If you did not get it in writing, your scrued. I'm trying to break my lease as well, they said I could move, but won't give me in writing untill I bring in the key. Like you said they could change their mind and sue. Go to small claims court. They will advise you on your next step. Check the LANLORD AND TENANT ONLINE FOR YOUR LOCAL PHONE NUMBER. 'iM STRESSING TOO. gOOD LUCK. hOPE THIS HELPS