Do we go by old landlords lease that is signed or new landlord's unsigned? Please help!?

Question

A yr. ago, we signed a rental lease w/ our land lord, in which, 4mths. later he sold the building. Our new landlord gave us a lease, but we never signed it. Therefore, we are movin out a yr. from the original signed lease. At the present, he knows we r movin end of the mth. but we are late on our rent. He wants in 3days w/ late fees. Plus we asked when we move will we be gettin our $500. deposit, since everythings in order. That's what the signed lease states. But his states u get $300. & he keeps $200. for cleaning. Whose lease do we go by? & Really should I have to pay the late fee?

Answer 1

You go by the signed one. Just because a new landlord moves in, your lease doesn't change, except for the fact you make the payments to the new landlord instead of the old one. If you never signed the "new" lease then you are not obliged to it. If your old signed lease shows $500 deposit, that's what you get. Also most states it's illegal to charge for cleanning unless it's for cleanning above and beyond "normal wear and tear."

It may take small claim court, but you should be able to get all $500 back.

Unless your signed lease shows that a late fee can be charged, he can't charge one. I would however get him a check (check not cash so that it can be showed you paid him) ASAP to ensure he doesn't start eviction proceedings against you.

Bottom line, the signed lease will prevail over anything else. If there was a term assigned to it (6 months for example) he only had to honor it through that term, but by never getting a signed lease after the inital term was up, the signed lease basiclly became a month to month lease.

Answer 2

Usually you should go by the original lease. Yes, you are responsible for paying late fees on your rent because your rent is LATE, this is probably a stipulation in your signed lease. In regards to the deposit, you will likely see nothing the day you move out. The landlord will clean your apartment or make repairs if necessary. You will recieve whatever your deposit is minus the cost of cleaning and repairs. This is a basic part of any lease agreement and likely what your signed lease actually states. I would not expect to get the full $500 back.

Answer 3

The new lease controls, since you have been paying the new landlord for several months. If you knew the terms of the new lease but just refused to sign, that does not negate the new lease. It became effective the first month you paid the new landlord. Otherwise, new or old landlord, you could ignore any rent increase and claim you never signed the new lease but stayed there anway - think about it - you are under the new lease.

Answer 4

I would say that you go by the original lease. Usually when a new landlord buys a building he takes on existing terms and conditions.

You paid $500 deposit, so you should get back $500.

As to the late rent issue, I am not sure what the answer would be; but maybe there is some advice center you could ask?

Answer 5

THE NEW LANDLORD IS FORCED TO ACCEPT WHATEVER WAS AGREED TO BY THE PREVIOUS LANDLORD UNLESS THE ORIGINAL LEASE SAID IT WAS VOID AT SALE OF BUILDING...WHICH IS VERY UNLIKELY...IF SO AT THE SAME TIME A NEW LEASE WOULD HAVE TO BE INSTRUMENTED IMMEDIATELY......I THINK THE PRESENT LANDLORD IS JUST TRYING TO BLUFF YOU-----LOOK AT YOUR LEASE READ IT THOROUGHLY......I SAY YOU'RE OKAY.........CLEAN UP THE PLACE YOURSELF---HE WOULDN'T HAVE A LEG TO STAND ON....................