Consumer complaint received 2022-07-01
Company: T.S. Holdings
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I learned of an apartment lease debt collection through an alert received in XX/XX/XXXX, after the account was already entered on my XXXX, XXXX, and XXXX credit reports. 

I never received notification from a collections agency or the creditor ( XXXX XXXX XXXX  ) that the account was actually turned over to collection. This is an issue because I was actually waiting for the property management company, XXXX XXXX XXXX XXXX , to notify me that they had re-rented my previous apartment that I occupied since XX/XX/XXXX, and never had a late rent payment, not one. My last communication with them was XX/XX/XXXX. 

On XX/XX/XXXX, I purchased a new home and have documentation, which I will attach, that shows I communicated with the property manager from XX/XX/XXXX, prior to my purchase of the home, through XX/XX/XXXX about steps I would need to take to properly vacate the property. I also informed them that I chose the time frame that I did, prior to the end of my leasing period, because my son and his family were returning home from Hawaii after serving on XXXX XXXX in the XXXX XXXX. My son lived in the apartment with me prior to his enlistment in the military. 

Unfortunately, the NEW property manager didn't care about my communications with the previous property manager. In attached emails, he mocked me for being an excellent tenant. After some back and forth between him and I, the new property manager suggested that I could " skip '' on the lease, turn in all of my keys and other property, and it would be cheaper with anticipation that the apartment would be re-rented fairly quickly, and they could not charge rent for more than one tenant occupying the apartment. The property manager failed to notify me when the apartment had been re-rented, and what the adjusted fees would be that I owed. 

The property manager was made aware that I could not provide 60 days notice and pay the two months rent up front to terminate my lease agreement because it would affect the purchase of my new home and he refused to assist by stating he had no discretion to accommodate me, which was a false statement. The lease stated that the property manager had discretion in changing the lease requirements when it pertained to vacating the property. 

The lease does not end until XX/XX/XXXX, yet the account was sent to a collections agency, according to my credit reports, in XXXX or XX/XX/XXXX. No further communication from the property manager took place regarding an adjusted payment for remaining rent due. 

I have attached documentation that shows I attempted to pay the portion of the debt balance that I owed in XX/XX/XXXX, which included the full month 's rent of XX/XX/XXXX, even after I vacated the apartment, and I was open to paying additional payments due me until the apartment had been re-rented, but the management company 's website was set up not to receive partial payments and instead of the property manager advising that it would be accepted pending rental of the apartment, he requested I make payment arrangements for more than {$8300.00}, which I had no intention to do. Why would I pay up a full lease and he already told me you can only accept rent from one tenant? 

According to Texas Property Code 91.006, " the landlord has a duty to mitigate damages if a tenant abandons the leased premises ... A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. '' I have not missed or had a late payment for any accounts, including my rent to this property manager, in more than 25 years. I have worked really hard to build and maintain my credit rating and scoring. It was totally dishonest, unprofessional, and predatory for this property management company to send this account to a collections agency without notifying me of the re-rental of this apartment. I was willing to pay what I owed but I was not going to pay up a lease and this property management company, purposely and unlawfully attempt to collect debts from multiple tenants for the same apartment. I intend to ensure that future tenants of this property management company are made aware of what this management company stands for. 

Thank you for your time

Company response to consumer: Closed with explanation