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Wont Accept Payment Terms

Having a dispute with a tenant or landlord? Rental Law discussion

Wont Accept Payment Terms

Postby Broin » Sat Oct 22, 2016 9:09 pm

Thank you for taking time to look at this. I really appreciate how you’ve helped so many people like myself who are in need of legal advice.

My current issue is surrounding past due rent. I signed a lease for 12 months and 2 months prior to my lease being expired I sent the rental office 2 checks for which to cash separately on the due dates(July and August). I reminded them this several times and at that time I was not living at the location(hated the living conditions, they would not do repairs ect..). All of my stuff was moved out and I had already given them a 30 days written notice I would not renew my lease. The month of July I was on a business trip in China and little to my knowledge the rental company deposited both checks that month and caused my account to bounce. Because they tried depositing both checks the same month they did and not have the funds available for July and the final rent. I returned back to the property after my trip and discovered they had already evicted me. I dropped off the keys and as frustrated as I let them keep the Security deposit and refused to pay for any further rent and concessions they said I owed. I realize this was a mistake and even though I feel I owe nothing I know I need to take care of it and do what is fair to both parties.

It’s been about 1 year now and I have been contacted by a Law firm/collections agency. They have threatened to file suit against me unless I pay them in 30days the amount of $3000. I was under the impression that I only owed $1600 for rent but I guess they went back and are charging me for anything they can find including the rental discount though my employer for the 10 months I was there. If I were to work out a payment plan then the amount would increase to $4000 with additional interest. They would only allow me a $200 payment a month for 2 years with a $400 deposit to start the process. I obviously DO NOT have this kind of money and at most I could struggle to pay $100. The account manager wouldn’t accept this amount. What should I do? Is it worth going to trial?

I don’t have any real evidence that can show they did anything illegal and I know they have tricks and ways of tripling what I owed them when I left the apartment.

Should I send him the payment regardless and hope they’ll just take that?

I’ve read other posts saying just to send $25 and tell them to stop contacting you but do you think this will stop them?

Is there any way I can motivate them to accept the $100/mo offer? It is honestly the best I could do.

Any advice would be greatly appreciated.

Thank you so much,

Alex  
Broin
 
Posts: 49
Joined: Fri Jan 17, 2014 1:43 pm

Wont Accept Payment Terms

Postby Garrin » Sun Oct 23, 2016 7:24 am

Good Morning Alex,

It looks to me as if you are getting screwed and screwed hard on this one.

The way I see it, you signed a contract for a specific period of time.  You then left the unit and provided the landlord with 2 separate checks for the upcoming months that would lead to the expiration of your lease.

The fact that you presented 2 checks PRIOR TO YOUR CHINA TRIP is evidence of GOOD FAITH.

Now, the fact that the management company was completely incompetent and could not understand that one of the checks was for July and the other for August is NOT YOUR ISSUE.

Alex, I want you to do the following:

1.  Send the collection agency a copy of my reply.

2.  Provide them with a copy of your termination letter that you provided to the complex giving them notice of the 30 days.

3.  Provide copies of your checks that they have received and if they have not cashed them, give them ONE OPPORTUNITY to take the money again(just July and August)

4.  If they continue to say no, I want you to go to the local housing authority and file a complaint against the complex for "unfit premisis" provisions.  This is a term that is used to deal with slum lords who do this type of stuff.

5.  Next, file a full report on www.RipOffReport.com naming all of the INDIVIDUALS and the collection agency and the attorney named that is coming after you.

6.  Finally, I want to be clear.  DO NOT PAY THEM ONE DIME. THEY DESERVE THE JULY AND AUGUST RENT. DO NOT NEGOTIATE WITH THE COLLECTION AGENCY.  DO NOT SEND THEM A 'TOKEN PAYMENT" FOR ANY AMOUNT.

7.  Lastly, send them(THE COMPLEX NOT THE COLLECTION AGENCY) a certified letter outlining your position with this letter included.  Enclose the 2 checks they returned and if they refuse to accept the money, let me know and we will start an investigation, and believe me, they will wish that they had never met you.

If you follow these steps, you will prevail!  Please post feedback on the site and do not back down on this!

To your Success,

Robert Paisola

CEO

Western Capital Financial

www.mycollector.com

ABOUT YOUR AUTHOR:

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations, Robert trains sales and marketing

professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in säles, motivational speaking and training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective säles-training professional in the market today. Routinely Distinguished by The National

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For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at [email protected] or at 1-877-517-9555 or visit http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com
Garrin
 
Posts: 39
Joined: Mon Jan 20, 2014 1:35 am

Wont Accept Payment Terms

Postby Fortunatus » Thu Oct 27, 2016 10:39 am

Thank you for taking time to look at this. I really appreciate how you’ve helped so many people like myself who are in need of legal advice.

My current issue is surrounding past due rent. I signed a lease for 12 months and 2 months prior to my lease being expired I sent the rental office 2 checks for which to cash separately on the due dates(July and August). I reminded them this several times and at that time I was not living at the location(hated the living conditions, they would not do repairs ect..). All of my stuff was moved out and I had already given them a 30 days written notice I would not renew my lease. The month of July I was on a business trip in China and little to my knowledge the rental company deposited both checks that month and caused my account to bounce. Because they tried depositing both checks the same month they did and not have the funds available for July and the final rent. I returned back to the property after my trip and discovered they had already evicted me. I dropped off the keys and as frustrated as I let them keep the Security deposit and refused to pay for any further rent and concessions they said I owed. I realize this was a mistake and even though I feel I owe nothing I know I need to take care of it and do what is fair to both parties.

It’s been about 1 year now and I have been contacted by a Law firm/collections agency. They have threatened to file suit against me unless I pay them in 30days the amount of $3000. I was under the impression that I only owed $1600 for rent but I guess they went back and are charging me for anything they can find including the rental discount though my employer for the 10 months I was there. If I were to work out a payment plan then the amount would increase to $4000 with additional interest. They would only allow me a $200 payment a month for 2 years with a $400 deposit to start the process. I obviously DO NOT have this kind of money and at most I could struggle to pay $100. The account manager wouldn’t accept this amount. What should I do? Is it worth going to trial?

I don’t have any real evidence that can show they did anything illegal and I know they have tricks and ways of tripling what I owed them when I left the apartment.

Should I send him the payment regardless and hope they’ll just take that?

I’ve read other posts saying just to send $25 and tell them to stop contacting you but do you think this will stop them?

Is there any way I can motivate them to accept the $100/mo offer? It is honestly the best I could do.

Any advice would be greatly appreciated.

Thank you so much,

Alex  
Fortunatus
 
Posts: 54
Joined: Thu Jan 16, 2014 4:11 pm


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