Real Estate Law

I was going to move into a student housing for college but…

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I was going to move into a student housing for college but hen my mom lost her job and couldn't afford it my dad and i both signed the lease and now the student housing facility says i owe the 7,000 dollars even though i have not moved in what can i do?... Read full answer
I was going to move into a student housing for college but hen my mom lost her job and couldn't afford it my dad and i both signed the lease and now the student housing facility says i owe the 7,000 dollars even though i have not moved in what can i do?
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Answered in 3 minutes by:
3/25/2014
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 540
Experience: Practicing Attorney with experience in real estate matters, including landlord tenant and title
Verified

Legal Eagle :

Good Evening. I am sorry to hear about your unfortunate situation.

Legal Eagle :

Good Evening.

Customer:

Is there any way i can get out of this i never moved in and i called a month in advance to tell them i wouldnt be moving in

Legal Eagle :

What does your contract state? Does it provide time for notice?

Customer:

i dont have a copy of the lease the student housing has it

Legal Eagle :

Ok. You want to request a copy of the lease, so you can determine exactly what the requirements are. However, general landlord/tenant law provides that you if you breach a lease before the lease term is up, you are responsible for rent until it has been occupied.

Legal Eagle :

This means that you may be on the hook, but if they fill that spot with someone else, you can only be liable for the time it was open.

Legal Eagle :

Does that make sense?

Customer:

yes, but there even trying to charge me for meal plans but i have never had a meal there can they do that?

Legal Eagle :

I would not think so, but without the paperwork it is hard to say. I have a hard time believing that you would be liable for a meal plan that you are not using. Have you talked to anyone there?

Customer:

yes and they all tell me i owe them for everything even though i havent stayed there had a meal there or anything

Legal Eagle :

what college/university? Do they have any information online that I can look at quickly?

Customer:

It would be the regency student housing

Legal Eagle :

regency? is that the college?

Customer:

no i was going to go to Metro university they dont have on campus living the regency is the housing facility

Legal Eagle :

Ok. This is in Denver?

Customer:

yes sir

Legal Eagle :

Ok. I can't find any information about the leases on their website. You should request a copy of the lease from them. Have they started collection?

Customer:

No everytime i call the manager is never there i leave messages she would never response so after a while i just stopped trying but on saturday i recieved an email saying my balance is 7,000 I'm only 19 there is no way i have that type of money

Legal Eagle :

I understand. Respond to the email requesting proof of the debt--a lease, invoice etc. They have to provide proof of the debt to be able to move forward with collection. If they don't, they can be subject to serious fines, etc. Also, if they don't provide proof of the debt, they may not be able to collect at all. It is part of the Fair Debt Collection Practices Act. This will allow you to get a copy of the lease and then you will have a better idea what is required. My guess is they are trying to railroad college kids who they don't think know any better.

Customer:

That may be it i tried to ask if i would maybe pay 50.00 a month because thats all i can afford and the lady was like okay thats fine. and that was it no directions no address to send it to or anything

Legal Eagle :

Email/ or call them back and ask for proof of the debt. Also, I would ask them if you paid, if you could move in--just to see if they had it full or not. I wouldn't make any payment until you get a copy of the lease and see exactly what it says. After you have the lease, you should jump back on here or seek out another attorney to look things over and advise you then. You are doing the right thing by trying to find out your options before doing anything.

Customer:

Thank you you helped a lot!

Legal Eagle :

You are welcome. I am happy to help again if needed.

Legal Eagle :

Thanks.

Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 540
Experience: Practicing Attorney with experience in real estate matters, including landlord tenant and title
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