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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Worse that can happen? Please help.

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Old Apr 17th, 2008, 08:50 AM     #1
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Question Worse that can happen? Please help.

I am in the beginning stages of battle with a former property mngmnt company (their attorney). They claim i still owe three months rent ($7800).

I quit my lease for good cause and am fighting the claim. I maintain breach of contract on four different counts and have written proof. And they still have my security deposit ($2600).

If we can't find a mutually satisfying resolution, I assume they will attempt to collect by getting a judgement against me in court.

They are in HI, I am now on the east coast.

My question; if they get a judgement and it goes to collection, how long will it stay on my credit report (which is top notch) and what are other possible ramifications?

Many thanks for all input and/or advice on how to handle.

PS: I haven't yet responded to the attorney's letter and the claim: I have 30 days to do so.
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Old Apr 17th, 2008, 10:21 AM     #2
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Default Re: Worse that can happen? Please help.

Charlie, please keep all your questions within the same post. Without the knowledge from the other post, this one lacks enough information for anyone to give you a specific answer. Please see my other response as I do not see the justification for you to break your lease as you say.

As for your other question about the judgment, HI law says:
STATE: HAWAII

Interest Rate
Legal: 10% (no written contract)
Judgment: 10% (no written contract) *****

STATUTE OF LIMITATIONS (IN YEARS)
Open Account: 6
Written Contract: 6
Sale of Goods: 6
Domestic Judgment: 10 *******
Foreign Judgment: 6 for regis./10 after regis.
BAD CHECK LAWS (CIVIL PENALTY)
Damages equal to $100 or triple amount of check, not to exceed $500.

GENERAL GARNISHMENT EXEMPTIONS
95% of 1st $100, 90% of 2nd $100, 80% net wages in excess of $200 per mo. or federal limits, whichever is greater.

So it looks like the judgment is good for 10 years (but be aware that most states allow the person to renew it at least once when it expires, making it good for twice as long) and it collects 10% interest a year on it until paid. They can garnish wages for it, and can probably attach bank accounts and other money/property. They can lien personal property (houses, real estate, cars in some cases, etc.). You will not be able to buy any big ticket items (requiring credit) until it is paid off. It will affect your credit rating and score and will increase the rates you pay on credit cards, loans, etc. It will also make it harder to find rental housing as most LLs won't rent to people with judgments to other LLs.

Please get a copy of the deposit statement showing what you are being charged with. Then you can post it here and we will help you dispute each charge on it. Send the company a letter stating you dispute these charges and want a copy of it now.

Last edited by OHlandlord : Apr 17th, 2008 at 10:22 AM.
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