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Advanced Credit Repair - Dealing with Collection Agencies Collection Agencies Dunning you? Are they complying with the FDCPA and or the FCRA? IF they are not, they could be liable for up to $1000.00 to you! This is the forum to educate and protect the rights afforded to you under the FDCPA and the FCRA. Legal aspects of credit restoration will be found in this forum. MEMBERS CAN POST ANONYMOUS QUESTIONS...

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Old 06-25-2008, 11:05 AM   #1 (permalink)
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Need Help..Please

Hi all,

I just recently found out that the apartment complex that I lived in during college sent some past due bill to collections. I graduated from college almost 4 1/2 years ago and this is the first contact I have had with the CA.
I graduated a semester early and was forced to move back to CT from AZ. The mgt company had told me that my lease would be terminated and I would have nothing to worry about. Well now I found out that they actually submitted it to collections. Unfortunatly I did not get this in writing, which I now know I should have done.
Well I have been doing some research on the Landlord Tenant Act in AZ and according to this act if the landlord has deemed the unit abandoned then the rental agreement is terminated. A month after I had left there was a dead bolt put on my bedroom door (this was a apt that four people shared..we all had a separate rental agreement). By putting the dead bolt on my bedroom door they were acknowledging that the room had been abandoned and therfore the rental agreement should be terminated. Also according to this act, the landlord must use all reasonable efforts to rent out the unit at a fair rental, and they did not do this either. Given where I lived was a college town this room would have been easily rented. So I believe according to this act the rental agreement should be termninated, and if I owe anything it is just one months rent.
My question is; does anyone know if I have a case again the CA?
I am now getting older and would like to purchase my first home but can not do this with this account haunting me on my credit report.

Any help/advice would be great!

Thank you!
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Old 06-25-2008, 06:55 PM   #2 (permalink)
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Do you have the original contracts?

Have you disputed with the CA stating the info above as your defenses?
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Old 06-25-2008, 07:13 PM   #3 (permalink)
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I do have the orginal contracts, as well as my account history with the apartment complex from when I first moved there in 2002.
I am in the process of doing so, do you think that I have a chance against a CA?
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Old 06-25-2008, 07:52 PM   #4 (permalink)
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I should also mention that I have great credit besides this, I have never been late on any payments, etc. Will this help me in anyway?
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Old 06-25-2008, 10:10 PM   #5 (permalink)
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Check the contracts for any wording on ending the lease as you described. Does it support what you found in the tenant laws?

Find out what SOL is in both states. When was the lease ended?
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Old 06-26-2008, 09:24 PM   #6 (permalink)
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There is nothing in the lease stating any of this, they do state that they may terminate the lease due to non payment if they want.

What is SOL?
I left in Dec of 04 and according to the lease that I have it states the termination date as Aug 8, 2005.
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