My jurisdiction is: Illinois
My son attended the University of Illinois (Champaign) in the fall of 2008. During that period, he and a friend, Kyle, signed a one-year lease agreement with Campus Property Management to lease an apartment beginning fall 2009.
Zach (son) turned 18 in June and the contract was signed November. Unfortunately, he wasn't any smarter about signing contracts in the 5-months he was 18 than he was previously. The contract did not require a co-signer (he was a full-time, unemployed student) and although Kyle put down a deposit of $544.50, Zach did not pay anything. The contract states: "INITIAL PAYMENTS: 1. Deposit: $544.50 portion of damage deposit to be paid with this agreement. $544.50 remaining deposit to be paid by (12/05/08). 2. Rent: $1089.00 representing ½ August 2009 and ½ August 2010 plus $100.00 sanitary fee to be paid by 8/1/09. $1089 representing rent due on the 1st of every month thereafter."
Zach did not return to school after winter break and assumed that since he hadn't paid the funds as stated in the agreement, the contract was void.
On Friday, August 7, Katie from Campus Property Management, called our home and discussed the situation in detail with my husband. Apparently she'd already spoken with Kyle and he has found someone to sublease his half of the apartment; therefore, she was looking for Zach to provide Kyle with "release" to allow him to do so. However, she made it clear that Zach is still responsible for his share of the deposit and the rent for the period of the lease agreement. Our initial thought is that Zach should not provide a release since he is still on the hook for the security of the apartment. My questions are as follows:
1. Shouldn't the lease have been voided when funds were not collected by the 12/05/08 date?
2. Shouldn't the management company have required either proof of employment or a co-signer to ensure payment?
3. Did the management company violate the Fair Debt Collection Practices Act (15 U.S.C. // 1962-1962p.) by discussing this matter with my husband?
4. What recourse does he have?
My son attended the University of Illinois (Champaign) in the fall of 2008. During that period, he and a friend, Kyle, signed a one-year lease agreement with Campus Property Management to lease an apartment beginning fall 2009.
Zach (son) turned 18 in June and the contract was signed November. Unfortunately, he wasn't any smarter about signing contracts in the 5-months he was 18 than he was previously. The contract did not require a co-signer (he was a full-time, unemployed student) and although Kyle put down a deposit of $544.50, Zach did not pay anything. The contract states: "INITIAL PAYMENTS: 1. Deposit: $544.50 portion of damage deposit to be paid with this agreement. $544.50 remaining deposit to be paid by (12/05/08). 2. Rent: $1089.00 representing ½ August 2009 and ½ August 2010 plus $100.00 sanitary fee to be paid by 8/1/09. $1089 representing rent due on the 1st of every month thereafter."
Zach did not return to school after winter break and assumed that since he hadn't paid the funds as stated in the agreement, the contract was void.
On Friday, August 7, Katie from Campus Property Management, called our home and discussed the situation in detail with my husband. Apparently she'd already spoken with Kyle and he has found someone to sublease his half of the apartment; therefore, she was looking for Zach to provide Kyle with "release" to allow him to do so. However, she made it clear that Zach is still responsible for his share of the deposit and the rent for the period of the lease agreement. Our initial thought is that Zach should not provide a release since he is still on the hook for the security of the apartment. My questions are as follows:
1. Shouldn't the lease have been voided when funds were not collected by the 12/05/08 date?
2. Shouldn't the management company have required either proof of employment or a co-signer to ensure payment?
3. Did the management company violate the Fair Debt Collection Practices Act (15 U.S.C. // 1962-1962p.) by discussing this matter with my husband?
4. What recourse does he have?
