A credit report states that a collection company has a debt reported from a apartment management I shortly resided in. In Aug. 2010, a tenant and I shared this month to month lease. I decided to move out at the end of August 2010 while the other tenant stayed. I made it clear to local management as well as headquarters that I was leaving. Local management liked me as a tenant. They understood my leaving since the other tenant was a bad tenant. On paper, I was there until the last day of Oct. 2010 but I moved end of August. My new landlord can verify I moved in end of Aug. Damages and late fees while the other tenant stayed are on my report. I disputed with the collection firm, to all 3 reporting agencies, and wrote to the Consumer financial protection act with no momentum. Thanks
This is a common question. Absent an agreement to the contrary, a lessee shares joint and several liability when other lessees on the lease, so you remained responsible even after your departure.
Real Estate Attorney
You should have asked for a release from the landlord, who apparently (at that time) understood why you were leaving. WIthout a release, you remained jointly and severally liable for the rent and damages. If you ultimately pay some of this rent and the damages, you may have a claim against your former roommate, but that's not going to help your credit. Sorry.
I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.
Family Law Attorney
Hello. In order to address your personal legal issue, an attorney would want to view the written agreement.I suggest as a starting point you view the materials on the Minnesota Attorney General website. Debt collections at times violate certain laws such that they face liability to the debtor. It is unclear what agreement you had with the landlord at the time you left, i.e., whether you were released from liability. This website provides general information, not private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
LANDLORD TENANT LAW
DEBTOR CREDITOR LAW
DEBT COLLECTION LAW
Twin Cities,, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. LANDLORD TENANT LAW, DEBTOR CREDITOR LAW, DEBT COLLECTION LAW, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net
Family Law Attorney
If you didn't officially have your name removed from the lease, you are 100% liable for all unpaid balances even though the landlord "knew" you left and your former roommate remained. You should have had them sign the paperwork transferring the lease solely into the other person's name. Since you didn't, you're on the hook for it. The only way to clear it is to pay it.
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