Landlord said I didn't have to pay the deposit for keys and pets when I signed the lease and moved in but now?

Question

...he is selling the building. The potential buyers are 'concerned' that my landlord waived the deposits. The real-estate agent confronted me with papers to sign today saying that I acknowledge the deposits and or lease was not 'satisfied'.

What are my rights here? I did not sign the papers. As a matter of fact I ripped them into tiny little pieces and threw them in the trash. Is my landlord the one now responsible to cover the deposits. If my landlord covers the deposits how are they handled when I finally move out?

I live in PA. It says in the lease that I am responsible to pay the deposits. It was a verbal agreement between me and the current landlord that I didn't have to pay them.

Answer 1

You have a contract with your landlord when he sells the property, the new owners must honor the exsisting leases until they expire (when they buy commercial property, not only do you own the building, you own all the contracts that are in place including your lease).

The fact that you were able to move in and were not asked for any deposits (These fees are required upfront. While you don't tell us how long you have moved in, if it's longer than 2 months, that tells you that there was no deposit required)

This is a case of a VERY aggressive real estate agent who is trying to get a deal done as quickly as possible.

The next time the realtor approaches you, calmly say,

"Before you speak understand that if you are approaching me about signing any paperwork, I will have to file a suit against you for harassment and misrepresenation. You have no authority to require me to sign anything. I have a lease with the current landlord, and if you continue this harrasment I will have no choice but to report you and your real estate agency to the state attorney general's office and to the Housing authority for unfair practices."

Do not yell, just state this very calmly. and if it continues, call both of them.

Answer 2

You need to check local law but here is my opinion...

Once you entered into a contract with the landlord it cannot be broken, even in the event of a sale. If the deposits were terms of the lease then the new owner may have a right to collect them. A verbal agreement to waive these deposits may or may not hold up in court. I would not sign or pay anything. They will probably not press the issue if you stand your ground. If they do they will have to sue you for the money. The case will be in a court where you can represent yourself and the court costs will be on them so the lawsuit is not a risk to you.

I am not a lawyer, I just hate landlords. Take this advice at your own risk and good luck!

Answer 3

If the landlord agreed to waive them when you signed the original lease then you needed to write something on the lease that said that. Since you did not get him to sign off on it I would say that the real estate agent stating that you did not "satisfy" the deposits is a correct statement. Is someone asking you to pay the deposits now? When the house sells all deposits in the current owner's possession must be turned over to the buyer, by signing the forms you are just agreeing that there are no deposits in his possession for him to turn over. If they now want you to pay the deposits you will need to decide if you want to continue renting there, if you do pay the deposits. If not ask to be let out of your lease on this technicality and move.

Answer 4

contact: the Pennsylvania Real Estate Commission and report that real estate agent!!!!

http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=433100

Well it depends on the following: how long were you living in the building? You see, even though your lease may have said that you were suppose to pay that deposit---if it's not collected after say 5 years and the landlord didn't bother to collect it or evict you for it---then in the eyes of judge the person who leased you the apartment waived that deposit.

POSSIBILITY #1
However, to answer your question--the new landlords may end up actually deducting that deposit for keys and pets from your security deposit when you leave the building since they will claim that it was in writing and you agreed to it. Some may even go to the extreme to try to evict you especially if they can get more money from a new tenant then with you. YOU REALLY RUN THAT RISK and if I were you just pay that deposit or take the risk. However consult with an attorney in your state---I've seen judges in CA throw out creditors attempts to collect money on debts that are more then 6 years old---only when the judge sees that the creditor did not follow up on payment whatsoever and not penalizing the person in debt to them.

POSSIBILITY #2--
If it turns out that they can't evict you because you didn't pay that deposit---then DON'T PAY IT---IT SOUNDS LIKE THE REAL ESTATE AGENT IS TRYING TO MAKE YOU SIGN THAT DOCUMENT BECAUSE HE OR SHE KNOWS THAT THEY CAN'T LEGALLY COLLECT THAT MONEY OR EVICT YOU--

Answer 5

Nope, unless it's in the lease, he can't change it now. But your new landlords can ask for it at the end of your lease.

However, if you are month-to-month, he can require it with a 30 day notice.

If you are mid-lease, I wouldn't sign anything, you are not required to by law. I wouldn't be concerned if your landlord has to pay it or not...his problem, not yours. It was his choice not to require one when you moved in, and it is his decision to sell the building...and if he wants to sell it, sometimes you have to do, what you have to do.

The lease may say that you are required to pay deposits, but your lease must also state how much they are and how much YOU PAID..that is your written proof that he waived them, because he handed you the keys and allowed you to move in without them. This is especially true if you have been in the place for a substantial length of time.

PS: The Realtor has ZERO authority to make you sign anything, and you don't even have to talk to them if you don't want to...and I wouldn't, b/c it was probably his/her idea to make you put down a deposit in the first place.

Answer 6

Since you've torn up the papers, write them a letter and tell them that the landlord WAIVED the deposit for the pets and keys and that you had an oral agreement to that affect. There is probably language in your lease that anything spoken is overriden by the lease. If you sign their stuff, you have broken the lease and are liable for any and all charges they want to conjer up. Anyway send the letter return receipt. Keep a copy of the letter and the receipt in your "New Management File".Sounds like the new landlords will not be pleasant and the file will grow. Never tear up anything. If you are not signing it, drop it in the above file so you have accurate records. You may need them. . .IF an attorney advises you, please take his advice instead of mine.

Answer 7

Why is a rabbit in the house. We allow pets but if I found a rabbit in your house,I would be calling animal control to remove it. You owe the pet deposit,especially since you are keeping livestock in the house.She only has to give a 24 hour notice to come to the house and if I were her I would do it often because since you already have livestock in the house,I would be concerned with what else you were putting in the house. You need to understand ,you may rent the property but that property does not belong to you. We do drive by inspections of our property every single day and we do a property inspection of the outside twice a month because I want to make sure the trash is not pilling up in my yard. The people in the wrong here are you and your fiance. I wouldn't put up with you in this situation at all.

Answer 8

You're stuck. Black and white paper ALWAYS triumphs over verbal agreements.

Expect the new owners to enforce the written contract.

Answer 9

You are not obligated under the current lease terms. If you renew the lease with the new owners, then they can ask you for deposits.


What state are you in?

Answer 10

New owner usually means new lease.
Just pay the deposit so you don't get evicted.
You'll get it back if you don't trash your place.

Your new landlord can still sue you for damages if you never paid a deposit.