About Melissa Douros Expertise I am able to answer questions relating to dealing with collection agencies, starting collection agencies, starting businesses, and networking for business matters. I cannot answer questions on how will something improve my credit score.
Experience I have eight years in the collections industry including owning my own collection agency. I am also agent represented in two books on the subject matter.
Publications Helium, FastCompany, and Ezine.
Education/Credentials I have a Bachelor's Degree in French and Communication, eight years in the collections industry and currently own a collection agency.
Collections Law - lease sublet was evicted-- collections wants me to pay
Expert: Melissa Douros - 11/25/2008
Question In June 2007, I signed a 1-year lease for an apartment, along with 1 other person. We agreed to split rent, and each pay our half each month. Since the mgmt office required that rent be paid TOGETHER in the form of a money order, we agreed that i would give the other person my half, and she would be in charge of purchasing the money order (for consistancy purposes). Rent was due on the first of every month, no later. On September 30th, I gave her cash for my half of the rent, and she said she would drop it by the lease office in time. On October 2nd, i came home to find a 3-day notice on our front door stating that rent had not been paid in full. Upon confronting my roommate, she told me that she did not have the money to pay her part of the rent. She somehow came up with the money, including late fees, and no eviction action was taken. The next day, i called the management office to find out what my options were in regards to moving out. They told me that if we both wanted to move, for a nominal fee, they could find someone to take over the lease, but our names would still appear on the lease. I told her that I wanted to move, and I asked her if this was something she would consider, and she told me that she did not want to move, but would find someone to cover my half if i moved out. She placed an ad for a roommate and he agreed to move in in my place, and i moved out October 13th. This is where my knowledge of the events that took place ends.
A couple weeks ago i received a letter in the mail stating that I am responsible for $1,963.54 due to an eviction. I contacted my former roommate and according to her, these events transpired:
Girl A (my former roommate) found man B (the man who moved in when i moved out) to share the lease with, and added his name to the lease. Months later, Girl A decided she was going to move out, and found Man C to take her place In February 2008. As of February, Man B and man C were the occupants of the apartment. Somewhere along the line, Man B moved out, leaving Man C as the sole occupant. Man c did not pay rent for 2 months, and was kicked out after the lease was up (in June).
The collections agency has put responsibility for this "debt" on each person who was on the lease, but can only contact 3 of us. Myself, Girl A, and Man C. The collector told me that because they cannot find Man B, we 3 are responsible.
The most infuriating part of this situation is that Man C, the reason that this is all taking place, has agreed to pay "his part" even though he was the only one living at the apartment at the time of the eviction.
I have sent a statement to the collections agency disputing this debt, and requesting validation and any information that they have regarding this case. My question is, How can i prove that i am not financially responsible and had nothing to do with the eviction? And if I do end up having to may my "share" of the debt, could i take Man C to small claims and get my money back?
I appologize for the length, but I wanted to make sure all of my bases were covered. I appreciate your help.
Thanks,
Julie H
Answer Julie, it is unfortunate that these things happen, but usually when an apartment is "sublet" the original occupant is still subject if then rent is not paid.
Do you have the sublet agreement that you made with the leasor? I would make sure that the agreement states that you would be responsible if the subletee didn't pay.
Also, yes, you can take Man C to small claims court. Also, have you tried "googling" Man B? With facebook, myspace and linkedin, you may be able to find him yourself! Most collection agents are not given access to the internet to find debtors.
