Apartment Legal Advice

[bringmagicback]

Due to illness in the family I am currently looking to move closer to home. Unfortunately, I am 1 month in to a lease that I just renewed. I just talked to them, and I will owe the prorated rent amount from now until lease termination (oct 11th which is 30 days) which is fine. I will also owe an early termination fee of nearly $2,000. I asked the girl what if I dont pay it (the early term fee)? She said well if you dont pay it, its considered a skip and it will show up on your leasing report.

My question is, is there any legal ramification to not paying this? Can they take me to court? Can if effect my credit rating ect? I'm not worried about it showing up on my leasing record as I will be buying a house in my new town and will never rent again.

Also, I know the right thing to do is to just pay the $2,000 but I want to avoid it if possible. Also, if it helps, the guy that owns the complex is a huge donor to Nebraska Football.

 

[cyclone83]

Due to illness in the family I am currently looking to move closer to home. Unfortunately, I am 1 month in to a lease that I just renewed. I just talked to them, and I will owe the prorated rent amount from now until lease termination (oct 11th which is 30 days) which is fine. I will also owe an early termination fee of nearly $2,000. I asked the girl what if I dont pay it (the early term fee)? She said well if you dont pay it, its considered a skip and it will show up on your leasing report.

My question is, is there any legal ramification to not paying this? Can they take me to court? Can if effect my credit rating ect? I'm not worried about it showing up on my leasing record as I will be buying a house in my new town and will never rent again.

Also, I know the right thing to do is to just pay the $2,000 but I want to avoid it if possible. Also, if it helps, the guy that owns the complex is a huge donor to Nebraska Football.

Torch the place.

 

[longtimeclone]

Is subleasing an option?

 

[ianoconnor]

If they send it to collections, yes, it'd screw your credit report.

I'd maybe try talking to someone a little higher up in the company and explain your situation. They would probably be willing to work with you. (I work for a company that manages apt complexes).

 

[2forISU]

It can go against your credit and I'm sure they could take you to court. Are you able
to find some that would be able to sublease? Ask to speak with the owner/landlord
and explain your situation and let them know the truth

 

[bringmagicback]

Is subleasing an option?

Thats the thing, the lady and I actually get along very well and I apologized for the inconvenience to them and she said no biggy they actually have a waiting list on apartments like mine. So I doubt it would be an option just based off the fact that they have a line of people already wanting to move in.

I actually told her, hey not to screw you guys over or whatever but what if I dont pay it and she said well we put it as a skip on your leasing record, she didnt like threaten me or say we sue you or whatever soooo thats why I wondered what actually would happen.

 

[capitalcityguy]

Probably won't like my answer.

When you sign a contract, it is time to put on your big boy pants and honor the language of the contact (if negotiating out of it isn't successful). It may suck. It may be hard or inconvenient or expensive or any number of other unpleasant things, but a man (or woman) is only as good as his word, and by signing a contract, both parties are making a promise to each other.

 

[bringmagicback]

It can go against your credit and I'm sure they could take you to court. Are you able
to find some that would be able to sublease? Ask to speak with the owner/landlord
and explain your situation and let them know the truth

The owner/landlord is an old guy that owns something like 10,000 apartment units in the area. He's not a guy that actually deals with this stuff. The manager is who I talked to today and I told her the whole story and she didnt really care lol.

 

[optimuslott]

I moved out of a place my freshman year of college to focus on my studies (I'm the only one of the four I was living with that didn't flunk out). I found a sub-leaser by paying two months rent for this person and told them they can keep the deposit (whatever they get back). I was out about 800 dollars at the time, but well worth the 4 grand I was responsible for. Maybe you could make a similar deal and pay for the rent of the subleaser for a month and for them to have a "free" deposit. win win for all and you are not out as much.

 

[ianoconnor]

The owner/landlord is an old guy that owns something like 10,000 apartment units in the area. He's not a guy that actually deals with this stuff. The manager is who I talked to today and I told her the whole story and she didnt really care lol.

Does the company have a customer service/resident hotline to call? You need to get in touch w/ someone above the property level.

 

[longtimeclone]

If they have a waiting list that is even better for you. I would check your lease to make sure it allows you to even sublease your apartment out or the rules they have for doing it.

I agree with the others that you might need to go up the chain a little more and see what they can do for you.

 

[bringmagicback]

Probably won't like my answer.

When you sign a contract, it is time to put on your big boy pants and honor the language of the contact (if negotiating out of it isn't successful). It may suck. It may be hard or inconvenient or expensive or any number of other unpleasant things, but a man (or woman) is only as good as his word, and by signing a contract, both parties are making a promise to each other.

I agree, however, paying them 2 grand for an apartment that they already have rented out seems a bit silly especially if there is no ramifications to not following through. I am paying the rent that is owed for sure. I wouldnt consider not paying it. But the other 2,000 is for something that I never received, seems kinda dumb.

I do however understand what your saying. I liken it to a cell phone company. If I terminate my plan based on me moving to where they dont offer coverage, and they want to charge me a grand to get out of the plan but dont have any legal way to collect, should I pay them? Prob not.

 

[JP4CY]

I moved out of a place my freshman year of college to focus on my studies (I'm the only one of the four I was living with that didn't flunk out). I found a sub-leaser by paying two months rent for this person and told them they can keep the deposit (whatever they get back). I was out about 800 dollars at the time, but well worth the 4 grand I was responsible for. Maybe you could make a similar deal and pay for the rent of the subleaser for a month and for them to have a "free" deposit. win win for all and you are not out as much.

This was my idea. See if you can take a slight damage instead of a big one.

 

[bringmagicback]

subleasing is not an option. Im only asking if anyone knows if they can do anything if I dont pay them the extra 2 grand on top of my rent due.

 

[NickTheGreat]

What does your contract say? Don't trust that they're relaying it correctly to you.

 

[optimuslott]

Thats the thing, the lady and I actually get along very well and I apologized for the inconvenience to them and she said no biggy they actually have a waiting list on apartments like mine. So I doubt it would be an option just based off the fact that they have a line of people already wanting to move in.

I actually told her, hey not to screw you guys over or whatever but what if I dont pay it and she said well we put it as a skip on your leasing record, she didnt like threaten me or say we sue you or whatever soooo thats why I wondered what actually would happen.

I'm confused...if you find someone to sub-lease they are taking your lease. Why would you owe them an additional 2 grand as you are not terminating the contract (you are transferring it). I'm pretty sure it isn't kosher to charge you 2 grand while someone else rents the same space and are paying rent (as the amount of money is the same whether it comes from you or someone else).

 

[ianoconnor]

subleasing is not an option. Im only asking if anyone knows if they can do anything if I dont pay them the extra 2 grand on top of my rent due.

Short answer - absolutely. Assuming those terms are in the lease you signed, they absolutely could come after you for the $2k.

 

[bringmagicback]

What does your contract say? Don't trust that they're relaying it correctly to you.

It says I owe them, but it doesnt say what they can do if I dont pay them.

 

[bringmagicback]

Short answer - absolutely. Assuming those terms are in the lease you signed, they absolutely could come after you for the $2k.

I agree, thats why I was asking because she told me all they did was put a mark on my leasing record which seems pretty small consequence

 

[longtimeclone]

It says I owe them, but it doesnt say what they can do if I dont pay them.

Take any reasonable legal way for them to get their money. So you don't have to worry about Tony busting your knee caps.