Friday, August 12, 2011

Question about breaking apartment lease?

My husband lost his job a little over 2 months ago, due to this we couldn't afford our town house monthly rent. We had to break our lease with the apartment complex. We had 3 months left on our 1 year lease. We advised the property manager that we were unable to make rent for the month of June at the end of May. We advise if of our move out date, she stated that we were phenomenal tenants and she hated to see us go but she understood the reasoning and she would forfeit our security for the last months rent. On moving day, she came to our home. She stated that because of protocol, she had to file an eviction notice with the court. They only give you a ten day grace period before they file an eviction on you. She also stated that the court date was the 22nd and if we could pay her half the rent she would dismiss the eviction. Since we already forfeited our security deposit and paid for last months rent when we moved in, we didn't see any reason to pay again. When we told her that she stated that because we have children, it could be considered child neglect if we get "evicted." I told her that our children were in Florida with their grandparents for the summer and that when they returned they would have a place to live. She left at that point. When my husband turned in the keys, she once again asked for the money and a forwarding address. We didn't give her any money but gave her a forwarding address which was our PO box. She told him that she needed a physical address to serve papers to and if he didn't give that to her she would be forced to serve myself at work. So to avoid the embarrassment of that we should pay her half the rent to dismiss the eviction notice. I understand protocol but it seems as if she is using scare tactics to get more $$$ from us. We have already left, wouldn't the judge dismiss the eviction notice based on that? I know we are on the hook for breaking our lease but she told us we would work out an arrangement on that. Any help would be great. I live in NC by the way.

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