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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
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Experience:  Experienced and trained in the area of business law.
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My boyfriend and I rented an apartment using his company as

Customer Question

My boyfriend and I rented an apartment using his company as the party responsible for paying the rent. To make a long story short, the stay was horrible and management was the same. Upon leaving the unit, we had the unit professionally cleaned (we took pics). My boyfriends CFO called him today saying that their company owes the apartment complex $3800 which we were absolutely shocked. Will this effect the company credit rating (we just received the letter)? Is the there a payment arrangement that wont affect the company's credit? Please help!!!!
Submitted: 5 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 5 years ago.
The debt has to be reported to the credit bureaus and commercial credit agencies (e.g. Dun and Bradstreet) before it will affect credit rating. Most small rental companies aren't sophisticated enough to know that they can or how to make a D&B report.

If the matter is litigated and the rental company wins, then it will automatically be picked up by the credit reporting agencies.

So, until and unless it is reported/litigated it won't affect the company's credit rating. If you dispute the charges, then you have a right to have that noted and if you win the dispute there will be no impact on credit.

Also, know that renters are only responsible for damages that exceed normal wear and tear. I would seriously question any bill, unless you know that the damages claimed are reasonable.

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J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience: Experienced and trained in the area of business law.
J.Hazelbaker and 2 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks so much!!!
Expert:  J.Hazelbaker replied 5 years ago.
You are welcome. Please let me know if you have follow-up questions. Thank you for the Accept.
Customer: replied 5 years ago.
We just received a certified letter to appear in court this Monday (we live in MD now, but court is in DE). We spoke to the clerk at the court to try to reschedule since we just found out about this court appearance. The clerk said that we could fax a letter to the judge requesting a different court date, however, she informed us that the judge might say no because its so close to the appearance date. The property manager said that the only way she would agree to a different date is if the payment was paid in full...???

What do we do????!!!!! My boyfriend is freaking out!!!!! He is terrified for his business credit rating and his employee and his business loan.....

Please help!!!!!

My Possible thoughts,
*Get a credit card - do we have enough time to do this?
*Hire an attorney - maybe the case will be continued due to the attorney just receiving the case....
Please help ASAP!!!!!!
Expert:  J.Hazelbaker replied 5 years ago.
If the apartment was rented by the business, then there is no recourse against you and the boyfriend. The case would have to be brought against the business entity. If it was brought against you and requires your personal appearance, then there's no action that can be taken against the business.

Fax the letter and request the continuance based on lack of necessary time to respond. If you contest the charges, get an attorney and fight it.

You also have to do the cost/benefit calculus and determine if it will cost more to fight or whether it just makes sense to settle.
Expert:  J.Hazelbaker replied 5 years ago.
Based on your original post, it sounds like you have a strong defense to any damage claim. The management company is probably thinking that for the amount asserted, you will just settle, rather than spend the time, energy and money to fight.

If you fight and win, there will be no adverse credit action.

If you don't think you can win or don't want to fight and settle by paying the demanded amount, there will be no adverse credit action (get a written release that states no adverse credit action as part of the settlement agreement).

The only way there will be an adverse notation on the company's credit is if the suit was filed against the company and you fight and lose. Even then, there might not be an adverse notation if you lose and pay the judgment, filing a satisfaction of judgment with the court soon after losing.

I don't think it makes sense to stress out about it. It is what it is and there are steps that must be taken for this to ever affect the business in the way your boyfriend is worried about. Stress inhibits your ability to clearly assess your situation. You need to honestly look at the case and determine if you have liability. If you do, settle. If you don't, you need to decide which is worse, caving to the "extortion" or paying them off to avoid the hassle and expense of defending yourselves out of state.

Please let me know if you have additional questions.

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