I was told no penalties for terminating apartment lease early, now being billed!?!?

Question

I signed a 12 month apartment lease with my fiance June 1, 2008. At the end of October I contacted the office and spoke with them ans was assured there would be no penalties for terminating my lease early. The only penalty was that they would keep my security deposit. I asked several times over and over if I would have to pay anything else and was told no. They would JUST keep my security deposit, I hand them the keys and thats it! I moved out by the first week in November 2008. Today, March 27, 2009, I received a phone call AT WORK from a collection agency saying that I owed over $1300 for November and Decembers rent and late fees because I haven't paid yet. 1, they never attempted to call me on my cell phone or send me a bill; the first time I was contacted was today at work. 2, I wasn't even living in the apartment in November and December, I handed them the keys! 3, they told me that I didn't have to pay anything! Thge lady on the phone told me she was sending me a bill and I would have to pay or else it will affect my credit. Any help? (I live in NJ, if this helps)

anglou13 · Accepted Answer

You are responsible for all twelve months. The only way this wouldn't be true is if the landlord rented the apt to someone else after you left. At that point, that person, and not you would be responsible for the rent. Otherwise, it's all on you.

The landlord should've made an effort to rent the apt to someone else.

T H · Answer

You should always get things in writing - I've learned that many many times. 

I would try to negotiate some sort of settlement (in writing!). Tell them that you'll pay the rent they are after, but not the penalties because the only reason you paid late was because you were never billed for them. They'll probably accept this as penalties are usually not enforceable and if they took you to court, they would only get the rent, not the penalties.

Anonymous · Answer

First of all, Any verbal agreement that there would be no penalties will not hold up in court.  Next time be sure to get that in writing.

Do you have any proof of what date you turned over the keys?  If they cannot prove that you owe that rent then they cannot charge you for it.  Any licensed collection agency should have caught that.

You are going to have to fight this in court.  Tell he collection agency that you dispute the charges.

garciajennifer@att.net · Answer

I'm sorry, but it sounds like you messed up on this one.  They can basically say or tell you anything they want...and they aren't held up to it.  You HAVE to get it in writing, or it's just their word against yours.  And since they already have your signature down on a lease saying what the penalties would be for just such an occurence, you're fighting a losing battle.  I'm sorry..that really sucks.  I would consider asking a lawyer, there may be a slim chance of taking it to court.  But I think that's all that would work.

? · Answer

If its an emergency, you can explain and MAYBE the landlord will allow you to terminate the lease early. Otherwise you will be responsible for the remainder of the agreement. Hopefully your landlord is understanding.

Classy Granny · Answer

Never trust a verbal agreement. You'll find yourself right where you are. If they presue collection through the courts they will win

Anonymous · Answer

What they told you verbally doesn't mean squat.  It's what's in the written lease that matters.

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I was told no penalties for terminating apartment lease early, now being billed!?!?

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