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Broken Lease

Date: 3/20/2013 4:37 PM (PST)

I broke my apartment lease and moved into a house. Now I have an eviction from the apartment complex even though they didn’t evict me and were aware I was moving. How do I go about getting an eviction removed? I know I owe the apartment complex for breaking my lease but I don’t think I deserve to have an eviction. Another thing is my father was a signer on the lease when I first moved into the apartment after my first year lease was up I was able to renew my lease without my father because I had a great payment history so my father did not sign the renewal lease. The apartment complex has also charged my father with the balance owing and with an eviction even though he was not on the renewal lease. I would also like to know what I can do to have him removed from being responsible for any of this.

Category: Business

Responses: 2

2 Reviews

15 Answers

Expert

Date: 3/21/2013 8:31 AM (PST)

Ms. B, You don't say where the "eviction" is showing up. Since the landlord didn't file an unlawful detainer (suit to get you out), I assume there's an item in your credit report to this effect. First, with respect to your father, whether he's liable for damages on your renewal will depend on the terms of both the original lease and the renewal lease. Did your dad sign a personal guarantee? If so, this could leave him on the hook. If you signed a brand new lease when you renewed and your dad wasn't a party to that lease, then unless there's something in the original lease that would obligate him for the renewal, he may have no liability. As to the credit report issue, assuming you're willing to pay the landlord whatever you owe them, I suggest you meet with them and work out a payment arrangement where they also agree to remove the derogatory item from your report. If this won't work, then contact the credit reporting agency and dispute the item. You shouldn't be charged with an eviction when none took place and the agency is obligated by law to investigate the dispute and, if you're right, it will be permanently removed. Your dad should do the same thing if this item appears on his report.

1 Reviews

204 Answers

Expert

Date: 3/22/2013 8:04 AM (PST)

Thats great information Bill!

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