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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If the apartment was taken can the management company place

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If the apartment was taken can the management company place a lean on your credit report after indicating they want the place back rather than the backpay?
Were you evicted?
Customer: replied 4 years ago.
Yes. We first agreeded to repayment to maintain the apartment then a few days before I was going to make the payment the lawyer faxed me and said they management changed their mind and wanted the apartment. Now there's a collection on my credit report which keeps me from getting an apartment.
Unfortunately, because you were evicted, the management company has the right to "accelerate" the rent. That means you owe the total remaining rent for the entire term remaining under the lease. Sometimes instead of suing for this, management companies turn it over to collections and place the mark on your credit report.

I'm sorry to say that the only way to get it off your report is to pay them money. You can potentially settle this amount and pay less, but this will require negotiation on your part with the management company, or their lawyer.
Customer: replied 4 years ago.
i had already paid that money there going after money that was misclaulated now over five years ago. so can they do that? i paid all months i remained in the apartment.
When you say money they miscalculated, what do you mean? What are they saying you owe them for?
Customer: replied 4 years ago.
the manager didn't calculate all my income which would have raised or decreased my rent so they arrived at an amount of 4500 for the past six years. i areeged to repay although it wasn't my fault yet they declined three days before payment was due and gave me three days to vacate. also, it indicates once the aprtment is given back or taken no monies need to be repaid yet there's a lean on my credit that is accuring intrest and keeping me and my child homeless.
I'm still not sure I understand the situation. What led to your eviction?

Were you current on your rent?

What does your lease say as to what your rent will be?

Why did they claim you owed them $4500 for the past six years?
Customer: replied 4 years ago.
because they said there was unreported income, yes my rent was on time every month and i paid what the manager told me my rent was, my lease indicated that time will be given to make any back payments and the 4500 was the total amount they said was misclaulated for rent within those six years.
I'm sorry, I have a few more questions.

Are you saying that instead of their being a fixed amount that you would pay as rent, instead the lease required you to report your income and then the rent would be determined based on how much your income was?

Did you fail to report your income?

How much time does the lease give you to make back payments?
Customer: replied 4 years ago.
yes my rent was based on my income and no i never failed to report any changes and the time to make payments was three years.
Thank you for answering these questions. I think I have a good idea of what is going on now.

You have a few options about what you can do. First, you need to send a written demand to the management company and demand that they remove the false report from your credit report or you will sue for negligent damage to credit history.

Also, you can threaten to sue them for breach of contract and wrongful eviction, as it sounds like they did not have the right to evict you.

Finally, you need to contact the credit reporting agencies and contest the claim. You can do this by filing a dispute on line for the three reporting agencies: equifax, transunion, and experien.
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