QUESTION
A debt collection agency is harassing me regarding an outstanding amount from my old landlord.
Asked on Dec 29th, 2011 on Landlord and Tenant Law - Nevada
More details to this question:
I was living in an unsafe environment in my old apartment, with whom I wrote numerous letters to regarding the situation. I informed them that if the situation was not properly taken care of, I would be vacating the premises immediately, withholding my rent. They neglected to take my safety as priority and allowed the threat to remain on site, so I vacated the apartment and refused my rent. They have sent me letters trying to collect, and have now hired an agency to do it for them. I have informed them that I will not be paying the owed amount and their lease would be included in my bankruptcy I am in the middle of filing. The agency has now informed me that I have 24-hours to pay or it will be reflected as a Property Collection, which is different from a regular debt collection, which the woman neglected to explain to me as to the repercussions. Could they take me to court regarding this or am I ''safe'' by claiming the outstanding balance in my bankruptcy? Thank you for any assistance
1 ANSWER
R. Christopher Reade
Any sums allegedly owed for rent are dischargeable in your bankruptcy and should be listed therein. You should also alert your bankruptcy counsel and Trustee to any claims or causes of action (if any) which you believe you may have against your former Landlord. To the extent that you are worried about the adverse credit lines from the Landlord and/or its collection agency, you can certainly explain the circumstances to future landlords. Furthermore the presence of the bankruptcy will likewise have a sufficiently adverse effect on your credit such that a "property collection" would be the least of your worries.
Answered on Apr 17th, 2012 at 2:25 PM