Legal Question in Credit and Debt Law in Texas

accord & satisfaction for an apartment lease

I terminated a lease early which incurred an early termination fee, and payment of rent until the apartment was released, which I understood. I was told by a leasing agent the apt had been filled for Nov 20. When I received a final bill, I was assessed rent until Dec 20.

Upon receipt of the bill, I delivered a letter to the manager stating my position that I relied on the leasing agents statements of new lease date. In this letter I included a payment for the early termination fee, the rent I considered I owed, and other remaining bills. I also included an express statement requesting the apartment complex accept the check as �final payment for rent and any and all move out expenses.� I also wrote �final move out payment� on the memo line of the check. This check was then cashed.

I recieved more letters, which I responded to as a disputed debt. Now it has been turned over to a collection agency, who claims that accord and satisfaction can't be reached for this contract (Texas Apartment Association), and are threating legal action.I would simply like to know whether I should continue to fight this battle, or pay a debt that I do not believe I owe. What are likely legal actions for $740


Asked on 6/21/06, 10:58 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: accord & satisfaction for an apartment lease

It could be a suit in Small Claims for $740 plus interest. It could be a suit in Justice Court for $740 plus interest plus attorney fees.

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Answered on 6/21/06, 11:55 am


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