When I moved out of an apartment I incured some charges. I contacted the management on making payments . They quoted a price per month that I can't afford but they say its the lowest they can go. I don't want to sign a contract for an amount I won't be able make . Is there anything I can do?
3 Answers from Attorneys
Yes you can negotiate the price to be lower. If there won't accept then let them take you to court. It will costs them more and the Judge will more than likely rule in your favor b/c the Judge will consider the matter under contract law.
First decide if the charges were reasonable and related to anything you did. If they are taking advantage of you--charging fees and prices that are not reasonable-- you may be able to make an unfair and deceptive trade practice claim against them. You can get damages against the landlord and attorney's fees. See a consumer lawyer. See www.ConsumerLawyerHelp.com for assistance to find a lawyer in your area.
Apparently, you acknowledge these charges are legitimate. I gather that you would pay the charges if you could, but the apartment management is asking you to pay more a month than you can afford. So, you have some options - option 1 - do nothing and take the chance that you won't get sued. You'll then have the chance to participate in the legal system up close and personal. Maybe it's worth it to you to get a shot at avoiding paying for the charges the complex says you are responsible for.
Option 2 - find a lawyer who will take this case on a contingency basis to sue the apartment complex. If you don't, you'll have to pay him or her a nice retainer, that could be more than the complex is asking you to pay. Good luck finding an attorney who would take this on contingency.
Option 3 - voluntarily pay what you can afford each month. If nothing else, this will reduce what you owe on a lawsuit if you are sued. Depending on the amounts involved, you may pay it down to a point that making a lawsuit against you is uneconomical by the time they get around to suing you.
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