Legal Question in Consumer Law in Texas

Moved out early...

I co-signed for my daughter to lease and apartment. The apartment started needing repairs, such as a ceiling fan fell on the bed and they didn't fix it for 4 days, with the wires hanging out of the hole. Other problems like breakins and drug deals in the front yard were going on. So, I moved her and 3 children to another location. I did not notify them when we were moving because they had already violated their portion of the lease and I was angry that my family was in such a dangerous position. There were police reports done several times, but the apartment management had not communicated with them at all.

Now they have sold the debt to a collection agency, saying we have to pay over $2,000 for the rent they didn't get after she moved and damages to the apartment that weren't there. I cannot prove there were no damages but I saw the apartment after everything was out. The collection agency even called on Christmas Eve. My daughter set up the minimum payment they would accept, $200 a month. I am now unemployed and can't pay it, she has to pay the rent where she is now so she asked them to wait 2 weeks. They are hot on the phone telling me I have to pay now. Can I stop dealing with the agency at this point?

What can I do?


Asked on 3/29/05, 2:24 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Moved out early...

Write to the collection agency, certified mail, and say that you dispute the debt and all further communications are to be in writing. That, at least, should stop the phone calls.

The move-out, unfortunately, was the wrong thing to do, and that left you and your daughter responsible for the balance of the lease.

If you can negotiate a payout, or compromise and settle the claim, you'll be ahead of the game. If it comes to a lawsuit, you'd probably lose and have to pay their attorney fees as well.

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Answered on 3/29/05, 3:43 pm


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