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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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The apartment complex that my son shared with a roommate

Customer Question

The apartment complex that my son shared with a roommate until 4/09/15 is claiming that they had a 1 year lease when they had a 6 month and month to month. They gave notice as agreed. Now they are telling him that they dont have a copy of the lease with signatures that they gave it to collectors. All they gave him was an excel like form showing the $3,000 they claim he owes. It doesn't even show his roommates name on it and they both signed a lease agreement. The problem is they can't find their copy and he can't find a new apartment with this on his credit. It's is a scam or total screw up and I refuse to pay it. What can we do? He needs a place to live urgently.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If they have reported this on his credit without any proof of their claims, then son can contact the 3 credit reporting agencies (Experian, Equifax, and TransUnion) and file a formal dispute with them. They will then contact the reporting party and request proof of their claim. If they can't provide proof to the credit agencies, then they have a legal duty to remove the negative entry within 30 days of him filing the dispute.

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As another option, he could file suit in small claims court against them for breach of contract and for defamation for them filing a negative credit entry without proof that the entry is valid. This will force them to appear in court and prove that son is in breach of the contract and if they can't do so, son will win the case and any damages that he is seeking for having to have this removed from his credit report and their bad faith in reporting it without any proof whatsoever.

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I realize that this isn't an instant solution, but if he files suit against them immediately, they may agree to contact the credit agencies and withdraw the negative report rather than be dragged into court and lose since they don't have any proof that he breached the lease.

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thanks

Barrister

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