Legal Question in Real Estate Law in Florida
broken lease on credit report
I signed a lease with my boyfriend one week before 9/11 in Orlando, FL in a big apartment complex. We both work as waiters or cooks to put ourselves through school and after that tragedy could not find a job and when we did, the money was bad because the tourism suffered terribly. I had to drop out of school. I also found out my mother was very sick and possibly had Lou Gherigs disease and she needed me home to help her. I sent a certified letter to the company and paid half of next months rent and a receipt for having the carpets steam cleaned for $150. The carpet wasn't new and we were only there 4 months. We moved on the first of the month. I cleaned out my bank account I felt so bad. They have a collection against me for $3,490 a $1000 of which they claim is for replacing the carpet! The other is I guess for 3 1/2 months rent which we did not live there. This was awhile ago and they never tried to take me to court. Is there anything I can do to get me credit back on track?
1 Answer from Attorneys
Re: broken lease on credit report
NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.
I have not read your lease, but generally as a matter of law, the 9/11 tragedy, unemployment situation and your mother's illness in no way permit you or your boyfriend to escape liability under the lease agreement in your particular circumstances. Of course, without actually reading your lease, I cannot give you any definitive guidance. You may want to communicate directly with the landlord, explain to them your circumstances and that the amount claimed is inflated (i.e., carpet replacement), and try to reach a reduced settlement amount that you and your boyfriend can manage to pay in order to rid yourself of a possible civil action and collection agency tactics. Of course, if you do reach an agreement that you can live with, get it in writing and make sure that any written agreement provides for a general release discharging you and your boyfriend from any claims, causes of action or liability relating to the lease agreement or the premises once the settlement payment is made. Good luck.
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