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Can i sue an apartment complex for placing a collection on my credit, when we had a month to month agreement.

Miami, FL |

My lease was expiring, i needed to stay at that apartment for a little longer, so i asked to stay on a month to month basis. they agreed, however they gave me the lease extension to sign instead. after a few month i decided to leave, so i told a lady in the office 30 days before that i will be leaving, after i left they did not return my security deposit, and placed the collection on my credit for the "remaining" balance minus the security deposit.

This record prevents me from getting a mortgage, and from moving on with my life. I just recently was denied a personal credit for 30k to start a business.

Can i sue them for what they have cost me, and for the security deposit?

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Attorney answers 1


If you signed the lease extension thinking it was a month-to-month renewal, then there is not much you can do about it now. Be sure to read every word before you sign a document.

The apartment complex should have tried to re-rent the unit after you left if they chose to take the premises on your account. You can ask to see if they were able to re-rent it and if they did, you shouldn't have to be on the hook for the amount of time it was rented to someone new.
You can write to the collection agency and demand proof that you really owe the amount they say you do. You can also write the apartment complex and ask when they re-rented that unit. If you can, visit and ask the next door neighbors who remember you if the unit was re-rented.

If you find out that the premises were re-rented and there were no physical damages and no balance owing for unpaid rent, you may demand that they return money to you. See a local lawyer if you are unsure. Good luck.