Broken Lease Agreement

[brylan123@hotmail.com]

My question involves collection proceedings in the State of: Arizona

I recently broke a lease in Missouri after only two weeks. I currently live in Arizona and have received a bill for over $4,000 for abandoning the apartment. The apartment was far poorer than the "show apartment" I was shown. Regardless, I want to know the likelihood of a collection agency gaining judgement against me to garner wages/bank account. Should I try writing back to the apartment complex explaining my situation, or would that be useless? Do I have to be served in person, or might I receive summons by mail? Thanks.

[KeyWestDan]

I would write them back and tell them exactly that. The apartment they provided you was far inferior to the apartment that they showed you, and that their action constitutes fraud and misrepresentation. The contract is therefore illegal and unenforcable. I would also tell them that if they sue, you will file counterclaims for the fraud, moving expenses and other expenses that you incured due to their fraudulent actions.

Finally, they are legally obligated to make best efforts to rent the apartment and reduce the amount of their damages (assuming there is a contract/lease) and they will be required to prove these efforts.

I would also tell them that if they sue you will conduct discovery to determine the actual extent of their fraudulent actions and prove a pattern of fraud and misrepresentation.

Tell them if they turn this illegal bill over to a collection agency you will take legal action against them and the agency.

[Mr. Knowitall]

What is your situation? It seems unlikely that you offered the landlord any opportunity to remedy the problems with the apartment if you left after two weeks, and it isn't clear that any of the problems are material. Given that you now live in a different state, it seems reasonable to infer that your primary reason for walking away from the lease was that you wanted to move, not that the apartment was less than you expected.

What, exactly, was wrong with the apartment?

How was the $4,000 charge determined? Was that amount defined in the lease, either as an actual number or by formula, as the amount you would pay to leave the lease early? Please explain.