HI, Everyone Thanks for all your help. I have a question about breaking a Rental Lease. We are filing PRO se /thursday. My family and I were struggling and couldnt afford to pay our 1300 rent, we are in Eastern Va. The landlord took us to court and got a default judgment. I was wondering how would I list the amount. I have this paper saying I owe them 1500.00 but I have heard they're intent are to hold the apartment and dont rent because I would be liable for any months they dont rent that apartment because of contract -lease- anyway my lease is due up in may so should I list the 1500.00 plus 1300.00 a month for the remainer of lease until may.. . I am soo confused I a ready to file just wanted to make sure I was doing the right thing.. any help would help thnx
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lol, they are gonna be in the dump after they find out your filing. They won't get a dime out of holding it open and they'll wish they had just leased it out.
Sorry, I can't offer advice but I had to put in my 2 cents.
Good luck
Sarah H Owosso, MI
WE DID IT!! PRO SE
Filed 7/30/07
341 meeting 9/20/07
60 DAY CLUB 11/19/07!!! :yahoo::yahoo:
DISCHARGED!!! 11-26-07:yahoo::yahoo::yahoo: CLOSED 12-06-07 :yahoo::yahoo:
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That what I said .. I wondered why there were soo many apartments around me with no one living in them .. The landlord told me this. "You know you are liable for the whole lease until 5/2008" I said "ok".. Now you know I didnt tell her anything about me filing cause she would have flipped out lol. well thanks for the luck .. I will be turning papers in thursday and praying.Originally posted by rilbrianne View Postlol, they are gonna be in the dump after they find out your filing. They won't get a dime out of holding it open and they'll wish they had just leased it out.
Sorry, I can't offer advice but I had to put in my 2 cents.
Good luck
*Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
*Last day to Objection 02/19/2008 :yahoo: [x]
*DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
TransUnion 538 Experian 519 Equifax 531
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When you sign a lease, generally you're agreeing to pay the full $$$ amount of the total lease in monthly installments. The Landlord can come back on your for the deficient balance. That's why you need to include a lease you intend to break in your BK.
Our attny listed the lease we broke and included our former Landlord. Under Date Claim was Incurred, he wrote "Any and all claims arising from an unexpired least dated on or about 07/01/2005". In the $$$ amount, he listed $1. That covered the months we did not pay, plus any damages our Landlord may have wanted to claim.
Obviously,............ Do not expect to get your Security Deposit back.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Great great Tnx SOOOO Much $1 and Any and all claims arising from an unexpired least dated on or about 07/01/2005Originally posted by SinkingFast View PostWhen you sign a lease, generally you're agreeing to pay the full $$$ amount of the total lease in monthly installments. The Landlord can come back on your for the deficient balance. That's why you need to include a lease you intend to break in your BK.
Our attny listed the lease we broke and included our former Landlord. Under Date Claim was Incurred, he wrote "Any and all claims arising from an unexpired least dated on or about 07/01/2005". In the $$$ amount, he listed $1. That covered the months we did not pay, plus any damages our Landlord may have wanted to claim.
Obviously,............ Do not expect to get your Security Deposit back.
and ohh thank goodness I didnt give them a depsoit.
THnx again
*Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
*Last day to Objection 02/19/2008 :yahoo: [x]
*DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
TransUnion 538 Experian 519 Equifax 531
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Be sure to put your on lease date in there and not ours!
Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Originally posted by SinkingFast View PostBe sure to put your on lease date in there and not ours!
yeah I did... 2001 I would have been liable.. lol thnx*Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
*Last day to Objection 02/19/2008 :yahoo: [x]
*DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
TransUnion 538 Experian 519 Equifax 531
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I will check and see what my paralegal did but I know she included the amount were were going to be sued for and all remaining balance. Don't forget to include not only the landlord but the their lawyer as well. Somewhere you have to include the court where they were going to sue you.Success is reachable, stretch out your arm and grab it.
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Originally posted by freshstart06 View PostI will check and see what my paralegal did but I know she included the amount were were going to be sued for and all remaining balance. Don't forget to include not only the landlord but the their lawyer as well. Somewhere you have to include the court where they were going to sue you.
Thanks fresh*Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
*Last day to Objection 02/19/2008 :yahoo: [x]
*DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
TransUnion 538 Experian 519 Equifax 531
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