What can I do if I was sent to collections for move-out fees on a rental lease that my name was not on?
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What can I do if I was sent to collections for move-out fees on a rental lease that my name was not on?
I was signed off of the lease over 2 years ago. The leaseholder moved out 6 months ago. However, the rental company has no record of me being signed off of the lease, nor do they have my name linked to any of their current records. Hwever, they still sent my name to collections for the fees. What do I do?
Asked on May 26, 2015 under Real Estate Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can and should explain to collections what you explained in your question, and provide proof of your claims--such as, for example, an assignment of the lease to the defaulting leaseholder, a letter or email from the landlord, etc. acknowledging that you have been released from the lease, etc. If there is nothing in writing releasing you, expect to have difficulty--if you were still the person on the written lease, you would most likely be the person liable for unpaid rent or any breach of lease. You may be able to sue the defaulting leaseholder, however, if he/she violated an agreement with you (including an oral or verbal agreement, though those can be difficult to prove) for any amounts you have to pay due to his/her breach of his/her obligations for rent.
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