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Thread: SCRA question - Account in collections.

  1. The Decider
    Brianna Banana's Avatar
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    #1

    SCRA question - Account in collections.

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    I moved into a new apartment in May of this year. Long story short, it was a huge mistake and the place was a dump and ill-maintained. The state of AZ allows a tenant to give a 10-day notice to vacate if the landlord is not holding up their end of the Landlord-Tenant Act. In my 10-day notice, I cited three material breeches of the landlord-tenant agreement. Only one was rectified within those 10 days, so I moved out, well within the realm of the law.

    I have gotten several notices from both the apartment community and their attorney since, claiming I owe them for concessions, early termination fee, etc. etc. It adds up to about $2800. I went to an attorney and had my attorney correspond with them several times over the last few months. Then communication stopped.

    I have gotten three or four calls from a collections agency in the last few days. I told them when I get back to AZ, I will provide contact information for my attorney, etc. However, it occurred to me while I was showering this morning that this might be protected under the SCRA, since K and I were both on the lease and he is currently deployed.

    Can anyone advise me if this is correct? Or, since my name was on the lease, too, can they still come after me regardless of his situation/location?
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  2. ~"Diva, Wife, Mom!"~
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    Hmm I'm notsure if this is covered you can have your lawyer dig up the entire law and see
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    no, because you did not follow the rules of the SCRA- you did not show proof of orders or put in a 30 day notice to vacate.

    both have to be done- and the 30 day notice has to be in writing.

    if you google SCRA you can read all the rules on the website.

    as for a stay in proceedings- this you may get- if the lawsuit names both of you- BUT it is just a stay- and then when he gets back you will have to fight again. you have 3 months after he gets back and then they can continue the process.
  4. The Decider
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    Quote Originally Posted by gunsgirl View Post
    no, because you did not follow the rules of the SCRA- you did not show proof of orders or put in a 30 day notice to vacate.

    both have to be done- and the 30 day notice has to be in writing.

    if you google SCRA you can read all the rules on the website.

    as for a stay in proceedings- this you may get- if the lawsuit names both of you- BUT it is just a stay- and then when he gets back you will have to fight again. you have 3 months after he gets back and then they can continue the process.
    That's what I was asking about - the stay in proceedings. Sorry I wasn't more clear. I was given the option of either doing the 30 day notice or the 10. I wanted out of there ASAP, so I did the 10.

    I know we'll be fine. I just would prefer to deal with this over the summer instead of this coming semester with my 19 credit load.
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