Posts Tagged ‘lease agreement’

Collecting my security deposit from a landlord that is going bankrupt?

Here’s the my situation:

1. I am about to finish a one year lease on 6/30/2010. My landlord recieved from me security deposit equal to 2 months of rent
2. My landlord is in the process of loosing the house we live in and also another house where she currently lives. She had claimed in past phone calls that the reason she is not paying her mortgage payments was only so the bank would talk to her about modifying her loans, and that she has plenty of month on the side.
3. For the last 4 months the house has been offered in a public auction at the city’s but for some unknown reason every time the house is up for sale, its auction date gets pushed by one months. I have heard these are common cases that happen when the landlord still negotiates with the bank.
4. I tried to contact my landlord 2 weeks ago several times (wrote emails, left voice mails, sent text messages) and asked whether she will be interested in extending the lease on a month-to-month basis. She has not replied to any of my messages.

Her lack of response makes it pretty clear she is not interested in extending the lease agreement, and her financial situation makes me very worried about my two months deposit.

My plan is not to pay her for the month of June and assume/hope she won’t start an eviction process since she knows we will leave the house when the lease ends. This way I will save at least 50% of my deposit.

I was even thinking of emailing her and letting her know we intend to leave the house at the end of June and schedule time for a walk-out inspection.

The house is in mint condition and identical to how we got it when we moved in (I have this documented in writing and in photos) but I still think she will give me hard times and won’t pay me back my deposit. Any advise on how to collect my other 50% deposit?

Any other tip or advise?
Isn’t her financial situation, the fact that the house have been offered in auction several times, a reason for me to claim that she won’t be able to pay me back the deposit (anticipatory breach of contract)?

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Should I lease my house to a guy who is about to file for bankruptcy, chapter 7… or just did file?

Can he sign a lease agreement with me?
Will the lease be valid after he declairs bankruptcy?
What dangers are involved with leasing to a guy that just filed bankruptcy – as long as I think he has the ability to pay his rent?
How much would an attorney cost me to ask him/her this question?
I really want to rent my house – I’m willing to take some risk, but I don’t wan’t to be stupid.

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If I owe my apartment complex money can I file bankruptcy on it?

I’m about to file bankruptcy. I don’t like where I’m living at right now. My lease agreement says If I terminate my lease I would owe the remanding balance. That would equal to about 4000 dollars. can I file bankruptcy on this?

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If I have to file bankruptcy can I legally get out of my lease?

If I have to file bankruptcy can I legally get out of my lease agreement?

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How do you settle a debt with a collection that is over 5 years?

I had a roommate in college who really screwed me over by bouncing her half of the first month rent with a check. The leasing office slapped a bunch penalties on her and even took her the court but she didn’t show up. We got an eviction notice after only being in the apartment for 3 weeks. The check she bounced was in the amount 7. After all the NSF fees she owed 0 plus everyday she didn’t pay it. She skipped town on me and never paid her debt. Since we both signed the lease it ended up on my credit report. The amount was 00. I been paying on it for a year and half now the balance is 00. How can get the collection to settle for 50% or 75%. I have paid already 00.
Also, we signed the lease agreement when it was under a differenct management company. Now they sold the company to another company. Why should I have to pay the new company?

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