Skip to main content

Fighting to get broken lease off of record

Houston, TX |

In 2009, I got an apartment with my then boyfriend. About a month later, he and I were on the verge of splitting up. We went to the office, and signed my name off the lease. In this hand written agreement, it states I wouldn't be held responsible for anything if he left or didn't pay rent. We signed the document, gave it back to the staff in the front, and I moved out. About a year or so later, I get a phone call from the apartments trying to reach my ex. I said he wasn't able to be reached at this number, gave them a number to contact him, and they said "You are being held responsible and will have to pay too." They stated they didn't have the signed sheet in our file, but when asked to see my file they couldn't produce it. So, what do I do? Keep writing the credit bureau or start paying?

Attorney Answers 3

Posted

Ideally, try to locate the letter. Under the Fair Credit Reporting Act, you can formally dispute any thing on your credit report with any of the credit bureaus and/or the creditor directly. They then have to respond.

Mark as helpful

2 lawyers agree

Posted

The problem for you is that you probably do not have a copy of the handwritten agreement. Thus, it is going to be their word against yours. If you have another person who witnessed the transaction, that would help you. You could keep fighting until they file suit, then try to reach a settlement. Depending on the amount owed, you probably should go speak with an attorney.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Kevin Matthew Koel

Kevin Matthew Koel

Posted

Also, if you left in 2009, the statute of limitations (4 years) may be near or past, which means they could not legally sue you. If that is the case, definitely do not agree to pay them anything, because that could waive your rights.

Posted

If you have a copy of the handwritten agreement signed by you, ex-boyfriend, and apartment manager or representative, write a letter to all three credit bureaus denying responsibility for the debt on the lease agreement. If you don't have a copy, did your ex-boyfriend have one? Try to get one if he kept a copy. Consult with an attorney with experience in consumer, debt collection, and debt reporting laws for direction and action.

Good luck!

My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.

Mark as helpful

2 lawyers agree

Landlord-tenant topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics