Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.
San Bernardino, California - cosigner for 1 year lease. Removed myself for 2nd year lease. Renter had to go month to month with higher rent due to not having a cosigner. Renter could not afford rent and missed a couple of months. Now leasing company says I'm still liable and sent me to collections. Unpaid rent/legal fees came after my co-signed lease agreement ended. How can I still be responsible...
Response 1: I do not see how you can be held responsible for a month to month tenancy, "internal rules or not." Also, the complex's rational for making you responsible for the delinquent rent does not make sense. How can you be held responsible for the month to month rent when they could not renew the Tenant's lease because you did not sign as a co-signer? If you are still being held liable as a co-signer, why then was the Tenant being charged higher fee for month to month because she does not have a co-signer? It does not make sense and the complex's attempt to hold you responsible for the rent under the circumstances is quite illegal—it is an unfair and deceptive practice.
What's the purpose of increasing a renter's rent if I'm still liable. I signed no other documents stating I will remain liable after the lease ended. Although leasing company say there's an internal rule that keeps me responsible. I have No written documentation or knowledge of such rule. Please advise
Response 2: I agree with your sentiment here.
How can I remove collections account, which also operates outside of FTA laws. No validation documents provided. I disputed debt on 5/1 and collections account was added to my credit report 5/13. Less than 30 days required and without providing validation documentation to me as required by FTA.
Response 3: The reporting of the derogatory information after you have disputed the information is in violation of Fair Credit Reporting Act. Also, it is in violation of Fair Debt Collection Practices Act when the debt collector refuses to validate the debt and then reports the account to the credit reporting bureaus. You can actually file lawsuit against the collector and the complex for unfair and deceptive act and practice and for violation of Fair Credit Reporting Act.
You would need to dispute the information with the credit reporting bureaus, where this information is being reported. The credit reporting bureaus have up to 45 days to investigate the dispute and get back to you pursuant to Fair Credit Reporting Act ("FCRA"). If the dispute is resolved in your favor, they would either delete the adverse report or report your account as paid. If the dispute is not resolved in your favor, you would be given opportunity to add a "Statement" to your account as to what happened and why you believe that the information is wrong. Your potential creditors would see the Statement while reviewing your account for future credit.
You can dispute the information online, on the phone, or by mail with the credit reporting bureaus. Online is much more efficient and faster.
You may also retain the services of a local consumer Attorney to sue the complex and the collector. Most consumer Attorneys would take your case on contingent fee basis. This means that the consumer Attorney would not charge you unless she wins the case for you. Also, Courts do award Attorney’s fees to the prevailing consumer. So, the consumer may not pay any money at all to retain an Attorney. You can use the following sites to find local consumer Attorneys: