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Any more, if the dollar amount is high enough, landlords (or their counsel) will simply file suit against you not long after they've attempted collection action. This suit will likely end up on your credit report and damage you immensely. (The collection action itself will damage your report as well.) Furthermore, they'll often sue for far more than the contract actually calls for or for damages that don't exist.

When I walk out of a lease for good reason (i.e., the landlord broke the lease) and the landlord won't agree to void the contract, then I will consider filing suit right away, requesting a declaratory judgment.

This works well in many ways. First, if you retain a lawyer but only threaten a lawsuit, then the landlord could sue you first, in anticipation of your action. By rule, if you are the plaintiff, the lawsuit won't end up on your credit report-even if the other party countersues. If the other party sues you first, then it will likely end up on your credit report as a public record civil action. Of course, if the other party wins the suit and obtains a judgment, then the judgment will end up on your report no matter who filed first.

Keep in mind that a lawsuit on your credit report is not the same as a collection account, which brings me to my second point: even though you've sued first, the landlord can still hand the matter over to a collection agency and attempt to collect the debt-less likely, but possible. The debt will probably show up on your report as a collection action. Now you've potentially saved yourself two bad marks, and maybe even a third, a judgment.

Even if the debt is handed over to a collection agency while in litigation, a letter from your attorney demanding that it be removed will almost always lead to removal. The agency knows you're serious at that point, since you've filed suit once already.

Third, the debt surely can't be sold to a third party when it's in litigation, which is even better.

If collection action has already begun and the landlord hasn't sued you yet, try to settle the matter in accordance with the methods spelled out earlier in the sections on dealing with debt collectors and negotiating. Through discussion, find out the status of the landlord's collection action and get a handle on where it's going.

You have the right to the quiet, peaceful enjoyment of the property, safety, and basic services. If any of these conditions was not met and if there are contractual provisions in the lease that the landlord has failed to meet, then your landlord is in breach of the lease.

There are so many possible scenarios and circumstances no win no fee personal injury leases, and tenant-landlord laws vary widely from state to state. Carefully assess your situation; if you feel you aren't making any headway on your own, then contact an attorney.

With leases, the bottom line is this-you must act fast before your credit is damaged. It's a pain in the neck, but being proactive will save you a great deal of time and money in the long run.

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