Can I bring a Court action to stop my landlord pursuing me for money I don't owe?

My previous apartment complex are pursuing me for penalty charges they claim are in the lease. I have read the lease I signed and the , 'Early Termination' and 'Insufficient Notice' charges don't exist as they claim. It seems the woman at the office hasn't read the lease properly. I have paid all the rent owed but they have referred the alleged outstanding amount
to debt collectors. They can't discuss the ins and outs of the matter and just want the money.

I have tried to contact the complex people asking them to just read the signed agreement we had but they won't respond.

Is there anything I can do to force their hand, eg ask the Court for an order that they stop. Clearly they will be reporting this on my credit report which doesn't seem fair when I simply don't owe it. The apartment is in California.

Any assistance would be gratefully aprecciated.

Jason

Send the collection agency a copy of the lease and tell them you do not owe the money. If they still insist you owe them money, you may have to talk to a lawyer.

Time for a lawyer. I suggest you contact one ASAP.

small claims court...

I would call the collection agency to place the amount in dispute. This way they will place a hold on the collection account until you get it resolved.

Next, I will consult the Dept of consumer affairs website to see what I can find out.

After that, open the phone book and start calling lawyers they will all say something brief on what you should do. If you can do anything.

Next, if the lawyer thinks you have a case they will call you in for a consultation (there could be a small fee). I would take a pen and paper to the consultation and write the lawyers instructions down. This way you avoid having to pay Lawyer's fees (not allowing them to represent you in court).

Once a debt is turned over to a credit company, the original bill holder will no longer "deal" with the person they feel is at fault, you now have to deal with the credit agency. You could consult an attorney, some will do a free consult or wait until they take you to court, be armed with the contract you signed and let them sink in court. Be warned, be sure you ARE in the right, because if not, you will have court fees on top of the other fees they are trying to get you for.

You need to deal directly with the collection agency now. If you can't work it out with them, they will sue you in court and you can tell your story there.

But - a word about leases: if you have a lease for a "fixed period", say a year, and you leave before the year is up, there doesn't have to be anything at all written in the contract to charge you for the remaining rent due to the end of the period/year. Either stay the whole year, pay for it anyway, or find someone to take your place.

If the lease is a "month to month" agreement, the law is that you must give a thirty-day notice to the landlord, unless the agreement specifically requires you to give less, or more.

The point is, there are laws that apply to this that aren't spelled out this lease. See a lawyer.