My apartment complex sent me a notice that they were not renewing my lease as of October 1, 2007. I left September 22, 2007. I returned the keys in an envelope to the place where I received the keys with a note that said my name and address. I get a letter of eviction from them because I didn't pay October's rent. Then I call them and they say well you didn't tell us you were leaving, you owe us October's rent and court cost. Then they said I didn't return the keys and if I did I returned them to the wrong place. I get a notice yesterday that I owe $842. IF I don't pay it within 30 days they will place it for collection. What can happen here? Can they garnish my paycheck? What can I do?
2007-11-27 00:18:44 · 3 answers · asked by Patrick 1 in Business & Finance ➔ Renting & Real Estate
You are lucky that they haven't taken you to court over this matter if they do that then yes they have the right to garnish your wages. If you still had a month left on your lease then yes you owe them for the last months rent and whatever costs they have now occurred to file the eviction. Read back over your lease and see what the conditions are if you leave with out still being under a lease. If you pay them a little bit at a time it should keep you out of collections, try to work something out with them, even if it sucks, just do what you can do to keep it from going to collections, set up an arrangement with them
2007-11-27 02:27:48 · answer #1 · answered by unhappyinin 4 · 1⤊ 0⤋
Unfortunately you are required as by the terms of your lease to give the appropriate vacate notice, however, I can understand your confusion if they sent you notice of non-renewal and gave you 30 days to vacate then of course you'd vacate without notifying them because one would assume they would know you'd be out before October 1.
Basically you should have gone to the office and done a final walk thru of your apartment that way they KNEW you were out of the unit. Even though they told you to move basically unless you went down physically to return your keys and do a walk thru then they would not have known you were actually out and would automatically charge you for October.
They cannot garnish your wages however, it will go on your credit, they will more than likely get a judgement against you which will follow you around until paid. Meaning you wont' be able to apply for any credit or loan or another apartment until it's paid.
Can you go back to the place you left the keys and attempt to retrieve them? You could go down and meet with the resident manager and explain that since they told you they weren't renewing that you assumed you didn't need to give them notice and you just moved out. Tell them that you moved out 8 days early so technically they owe you a refund, but I'm sure that wont' fly.
Do what you can to work it out with the onsite manager, and what ever she agrees to GET IT IN WRITING.
2007-11-27 02:31:43 · answer #2 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
Sad to say, you neglected to follow accepted procedure when you vacated premises. One should ALWAYS handle such situations in writing, keeping copies for future reference. It is now their word against yours, and you have NOTHING with which to defend your situation.
You're best off to pay what they ask and consider it an expensive lesson in leasing and renting. Next time you vacate, insure that you get a written "check in-check out" report, as well as signed documentation that keys were returned and that the premises were vacated on a certain date.
2007-11-27 00:24:36 · answer #3 · answered by acermill 7 · 1⤊ 1⤋
Time to talk to an attorney.
2007-11-27 03:31:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋