Signed a contract unknowlingly.. need some advice
Tell them to shove that contract up there asses. I wouldn't give them one red cent. I had an apartment try to screw me once, I told them I wasn't paying. Eventually it went to a collection agency. After a few months of daily phone calls I talked them down to about 1/8 of what they wanted.
Make sure you get some kind of release from them. Don't want them coming back on you, as it sounds like these are some very shady folks. You should have never been asked to sign a contract to view an apt. anyway...never sign anything before you view it...even the app (like you said, lesson learned). Pay them or pay an attorney, which will likely be more expensive than $237, but make sure you get something from them, even handwritten, that says you have no further obligation under the lease or you'll be calling an attorney later anyway. If they don't want to do that, make sure the lease is specific about 85% release and no continued lease obligation and make a copy of the letter you provide them with saying you're paying to satisfy all your obligations under the lease (which if you can get them to sign, great). Point is, cover your *** as best you can if you choose not to pay an attorney. I don't know what the rates are in San Marcos, but I would guess from $150 to $250/hr.
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thanks for the info bigron. I havent went yet. im going to go in the morning. i'll make sure to get a release, that would be gay if i paid them the money and i still got fucked in the contract.
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heres teh housing contract.
http://www.theplacetolive.com/univer...20Contract.pdf
BUT I never initialled "exhibit A" which is below and mentioned throughout the contract. does that mean anything?
http://www.theplacetolive.com/univer...xhibit%20A.pdf
http://www.theplacetolive.com/univer...20Contract.pdf
BUT I never initialled "exhibit A" which is below and mentioned throughout the contract. does that mean anything?
http://www.theplacetolive.com/univer...xhibit%20A.pdf
Ok, here is what you do. Pay them, then in a year go to that specific apartment and knock on the door. If someone answers the door, apologize for knocking on the wrong door. Have all the paperwork you signed with you and go straight to the leasing office and demand your money back. In Texas it is illegal to have rent paid by 2 different parties for the same apartment. I went thru that at an old apartment that I had to get out of. Ended up getting like $1000 back because they tried to lie about when they rented out the apartment.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
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Verdad Gallardo I took a quick look at both those docs you posted, and I don't see the provision that allows for you to pay 85% reletting fee and be released from the lease. Better make sure you get something in writing, otherwise, you may just be paying the "Reservation Fee" and still on the hook for rent.
It's a raw deal and legally there is no contract because there was no meeting of the minds (i.e., you never intended to enter into this contract), but the only way that will ever be proven is at court (and you could still lose) with attorneys and money. However, fair or not, the landlord has a signed document. Will he go after you in court, probably not...not worth the money, and if he does, then he's coming at you for everything, rent, fees, etc. so it is worth it to him. He probably won't win, but the judge will likely make each of you pay your own attorney fees, which will be a lot more than $237. The easiest thing for him to do is to file it with a credit agency, and because he has a signed agreement, they will put it on your record. You can dispute, but the most you will probably get is the dispute filed on your record and it won't be removed.
Worst case probably is that it ends up on a credit report, and he's counting on that threat to be worth the $237 to you. If you are just starting out with credit, it will hurt a lot. If you have established credit, it wouldn't. I personally wouldn't let the right or wrong aspect of it keep me from paying a very small amount up front to close the nightmare out and move on.
The system isn't exactly fair, but that's how it works. Right, wrong, principles, etc., all is great if you have the money and time to spend proving it's a bad deal. See why 95% of all litigation is settled out of court? Good luck.
It's a raw deal and legally there is no contract because there was no meeting of the minds (i.e., you never intended to enter into this contract), but the only way that will ever be proven is at court (and you could still lose) with attorneys and money. However, fair or not, the landlord has a signed document. Will he go after you in court, probably not...not worth the money, and if he does, then he's coming at you for everything, rent, fees, etc. so it is worth it to him. He probably won't win, but the judge will likely make each of you pay your own attorney fees, which will be a lot more than $237. The easiest thing for him to do is to file it with a credit agency, and because he has a signed agreement, they will put it on your record. You can dispute, but the most you will probably get is the dispute filed on your record and it won't be removed.
Worst case probably is that it ends up on a credit report, and he's counting on that threat to be worth the $237 to you. If you are just starting out with credit, it will hurt a lot. If you have established credit, it wouldn't. I personally wouldn't let the right or wrong aspect of it keep me from paying a very small amount up front to close the nightmare out and move on.
The system isn't exactly fair, but that's how it works. Right, wrong, principles, etc., all is great if you have the money and time to spend proving it's a bad deal. See why 95% of all litigation is settled out of court? Good luck.
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Originally Posted by DSIM
Ok, here is what you do. Pay them, then in a year go to that specific apartment and knock on the door. If someone answers the door, apologize for knocking on the wrong door. Have all the paperwork you signed with you and go straight to the leasing office and demand your money back. In Texas it is illegal to have rent paid by 2 different parties for the same apartment. I went thru that at an old apartment that I had to get out of. Ended up getting like $1000 back because they tried to lie about when they rented out the apartment.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
Originally Posted by DSIM
Ok, here is what you do. Pay them, then in a year go to that specific apartment and knock on the door. If someone answers the door, apologize for knocking on the wrong door. Have all the paperwork you signed with you and go straight to the leasing office and demand your money back. In Texas it is illegal to have rent paid by 2 different parties for the same apartment. I went thru that at an old apartment that I had to get out of. Ended up getting like $1000 back because they tried to lie about when they rented out the apartment.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
Just make sure the reciept you have says that it is the 85% rent for 1 month in January 2008.
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Originally Posted by BigRon77
I took a quick look at both those docs you posted, and I don't see the provision that allows for you to pay 85% reletting fee and be released from the lease. Better make sure you get something in writing, otherwise, you may just be paying the "Reservation Fee" and still on the hook for rent.
It's a raw deal and legally there is no contract because there was no meeting of the minds (i.e., you never intended to enter into this contract), but the only way that will ever be proven is at court (and you could still lose) with attorneys and money. However, fair or not, the landlord has a signed document. Will he go after you in court, probably not...not worth the money, and if he does, then he's coming at you for everything, rent, fees, etc. so it is worth it to him. He probably won't win, but the judge will likely make each of you pay your own attorney fees, which will be a lot more than $237. The easiest thing for him to do is to file it with a credit agency, and because he has a signed agreement, they will put it on your record. You can dispute, but the most you will probably get is the dispute filed on your record and it won't be removed.
Worst case probably is that it ends up on a credit report, and he's counting on that threat to be worth the $237 to you. If you are just starting out with credit, it will hurt a lot. If you have established credit, it wouldn't. I personally wouldn't let the right or wrong aspect of it keep me from paying a very small amount up front to close the nightmare out and move on.
The system isn't exactly fair, but that's how it works. Right, wrong, principles, etc., all is great if you have the money and time to spend proving it's a bad deal. See why 95% of all litigation is settled out of court? Good luck.
It's a raw deal and legally there is no contract because there was no meeting of the minds (i.e., you never intended to enter into this contract), but the only way that will ever be proven is at court (and you could still lose) with attorneys and money. However, fair or not, the landlord has a signed document. Will he go after you in court, probably not...not worth the money, and if he does, then he's coming at you for everything, rent, fees, etc. so it is worth it to him. He probably won't win, but the judge will likely make each of you pay your own attorney fees, which will be a lot more than $237. The easiest thing for him to do is to file it with a credit agency, and because he has a signed agreement, they will put it on your record. You can dispute, but the most you will probably get is the dispute filed on your record and it won't be removed.
Worst case probably is that it ends up on a credit report, and he's counting on that threat to be worth the $237 to you. If you are just starting out with credit, it will hurt a lot. If you have established credit, it wouldn't. I personally wouldn't let the right or wrong aspect of it keep me from paying a very small amount up front to close the nightmare out and move on.
The system isn't exactly fair, but that's how it works. Right, wrong, principles, etc., all is great if you have the money and time to spend proving it's a bad deal. See why 95% of all litigation is settled out of court? Good luck.
Originally Posted by BigRon77
For the most part, this is true. If the 85% is a "reletting fee", which is a liquidated damages fee, it's not considered rent and you can't get it back regardless. Typically, the TAA contract provides for payment of a reletting fee and rent until it is re-rented, which is where the double rent issue comes up, and what you say above is right on the money.
So if you get a reciept that says reletting fee, and the apartment is occupied in January of 2008..... get yo friggin money back.
Wouldnt pay em a dime, they have nothing to prove you signed that contract, no notary, no paper trail from your account for application fees etc. Tell em to stick it where the sun dont shine. My ex was a leasing consultant for MBS andnow Trammel Crow and the way I understand it you are clear. In court any document that isnt notarized holds no weight unless its on Judge Judy
Originally Posted by 1slow01Z71
Wouldnt pay em a dime, they have nothing to prove you signed that contract, no notary, no paper trail from your account for application fees etc. Tell em to stick it where the sun dont shine. My ex was a leasing consultant for MBS andnow Trammel Crow and the way I understand it you are clear. In court any document that isnt notarized holds no weight unless its on Judge Judy
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Chopstix's wife here... I am a licensed Texas att'y. This is total crap. Fundamental contract law says that the parties must intend to enter into a binding agreement to form a valid, enforceable contact. It's what's generally called a "meeting of the minds." I say call the apartment complex's bluff. After all, the complex must make the first move to collect what it says you owe. You might want to check your credit reports in a few months, though, to be sure nothing fraudulent has been reported by the complex.
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Originally Posted by 1slow01Z71
In court any document that isnt notarized holds no weight unless its on Judge Judy
Originally Posted by Ray@Nitrous Outlet
And this is total BS, too. Of course documents without notary seals may be admitted in court so long as they are "authenticated" in some other way, e.g., a witness with personal knowledge of the doc testifies to the circumstances surrounding the creation. This is, of course, a really abbreviated explanation of 6 months worth of evidence courses.
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Thanks for the help guys. this has been an UNBELIEVABLE past week.
found out im on academic probation. my roommate backed into my car, wind blew the basketball hoop on my car on christmas day, somehow i went 453 minutes over on my phone bill ($323 bill) and now this apartment crap. its just piling up
hopefully things start getting better.
found out im on academic probation. my roommate backed into my car, wind blew the basketball hoop on my car on christmas day, somehow i went 453 minutes over on my phone bill ($323 bill) and now this apartment crap. its just piling up
hopefully things start getting better. Guest
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This is me...not my wife
The point is not if they signed or not...they admit they signed the documents.
You are confusing relevancy, authenticity, and materiality. Not going to bother going into the definitions as it would just confuse you more.
That is exactly what was said earlier.
Originally Posted by 1slow01Z71
Ok so you got a leasing consultant who says they signed it and 2-3 guys that say they didnt. If they refuted signing it the apt complexs case is void, sure a piece of paper with some signatures can be admitted in court, I can **** in a bag and it can be accepted in court doesnt mean that it means a damn thing. If the leasing consultant and any other apt employees say tey signed it and they say they didnt then it is heresay and isnt going to fly. :
You are confusing relevancy, authenticity, and materiality. Not going to bother going into the definitions as it would just confuse you more.
Originally Posted by 1slow01Z71
Bottom line they dont have **** on the guy to bind him to contract that would hold up if they report him to their "collection agency" or take them to court. So I wouldnt pay, especially since they are being underhanded. Unless he has failed to post so "missing" info that he failed to originally post. Ask any apt complex if they can hold you buy just signing a contract, they ma want to make you think they can but they cant if you just did what the OP said he did. With that said Im done, GL man and I wouldnt pay a dime.
That is exactly what was said earlier.