Lease Agreement!?

Question

My husband and I signed on a lease agreement for one year to our landlord. He decides he wants to sell his properties and it gets bought out by a real estate agency. Our new lease was sent to us and we have to pay another deposit and another application fee. We already did that the first time around. Is our old lease terminated? or do we still have rights from our first agreement. My name wasn't even on the new lease and I signed on the old one. We are frustrated. My husband called about an appliance that went out and some of the new owners were less than cooperative. "you are on a month to month lease now, just so you know!"...real rude. My husband and I are apprehensive about the new ownership. What are our legal grounds with this situation?? We do still have a copy of the old lease. It expires june 2008.

Answer 1

They cannot unilaterally terminate your lease. Your exact rights will vary by the State you live in and what your lease says, but generally a lease is a contract between you and the owner and it is also a contract that is attached to the land (The legal term is it "runs with the land"). A person who buys the property, buys the property subject to your lease and has to honor it because once the new landlord buys it there is a legal connection between the new landlord, you and the property (this is called "privity of estate"). The handling of tenant deposits are a matter of State law and your old landlord was obligated to turn it over to the new landlord. They cannot change your lease to a month to month if it has not expired. Most of the time all it takes is an attorney to write a letter explaining your rights and they will fold (You can do it yourself if you write well and quote the law). My experience is that many landlords do not know the law or what they are doing. For some, it is their first time doing this, but still think they know it all. I have had many battles with landlords, but have always won because once you show them you know the law and your rights they realize they are in trouble.

Answer 2

Your original lease is still in affect. The property being sold does not terminate your lease. The old owner should have provided the new owner a copy of the lease and turned over your deposit.

Send a copy of your lease to the new owner and inform them this lease agreement is legally still in affect, "just so they know". Point out to them that you already paid a deposit. You might try googling landlord tenant for your state and include a copy of that too.

When your lease expires, you may want to find somewhere else to live. Doesn't sound like your new landlord will be easy to get along with.

Answer 3

The old owner should have given the new owner the original security deposit you paid. Usually, the new landlord must honor the lease from the old landlord as well. Most state laws only allow the lease to change once the old one is expired. In general, a landlord must repair all problems that fall under his/her minimum obligations and ensure the following:

* The roof, doors and windows are weatherproof (for example, no leaky roofs or broken windows).
* The plumbing works, including hot and cold water, and there is a working sewer or septic tank connection.
* The heater is in safe, working condition.
* The lights and wiring work and are safe.
* Floors, stairways and railings are in good repair.
* When it is rented, the dwelling is clean, with no piles of trash or garbage and no vermin or rodents.
* The landlord provides enough cans or bins in good condition with covers for the disposal of garbage and rubbish.

Laws can vary from state to state. I would check the laws on tenant and landlord rights and responsibilities in your state and do what you need to do according to your state law. You can also talk to legal aid in your state for advice, so your landlord will know you have been consulting with an attorney. There are often laws whereby you can terminate your lease if the landlord doesn't live up to his responsibilities within a certain time period. I am a landlord and have been for years and I know the importance of treating tenants with respect. Just make sure that you give your landlords notice in writing, keep a copy for yourself, and be as impartial and truthful as you can. Remember that to them it is just business. Hope this helps and that you can resolve things without having to move out.

Answer 4

I hope your old landlord plans on giving u your deposit back. Yes your lease with him would be terminated. Now u need to sign a new agreement with the new owners even if its only month to month and yes u would have to pay them a new deposit. U can search online or call your local courts and find out info about landlord and tenant rights. That's why I always hated renting. U always get screwed somehow. If u don't feel comfortable find somewhere else to live. New owners not being cooperative is not a good sign.

Answer 5

Each state varies on their laws regarding tenants rights so I am providing a link for you to HUDS's website page regarding rental issues. Click on the link for finding "tenant rights, laws, and protection in your state", and then choose your state. This should help direct you to a local organization that can provide you more assistance regarding your rights.

I know that here in California there is the Inland Fair Housing and Mediation Board that acts as a "middle man" between tenants and landlords and is free of charge.

I would have thought that your old lease would still be in effect until it ended. Remember too that when you have any issues regarding maintenance or anything else to document it. You said your husband called them, you should also put it in writing and mail it either certified or return receipt required. Legally a landlord will have a certain amount of time to handle any repair or maintenance request and if you only call they will most likely deny you ever did. So by putting it in writing you will protecting your rights. I would also call but also keep a notebook logging the date, time, who you spoke with, reason for the call, etc. of each phone call. This only will help you in the long run should you ever go to court, etc. A judge will side with you over them if you can show as much Prof as possible.

I hope this helps you and good luck with everything!!


http://www.hud.gov/renting/index.cfm

Answer 6

i think of you're coated. A written signed settlement is binding. in the event that they screwed up and did not double verify the date and signed a hire set to run out on could 15. i don't see what criminal recourse they could desire to invoice you the extra advantageous month. however, in the event that they observed the blunders whilst they signed it and you enable them to alter the date to June fifteenth and initialed the exchange, then you definitely're on the hook. yet whilst all it says is could 15, i think of your super. Plus you have the voice recording to diminish back you up. save that settlement risk-free, do not tutor enable em have it. replace ----------------------- Ask them why they did not supply you a replica of the 2d settlement and why they did not point out it early. if that they had that for the period of their pocket, you will think of there could be no could desire to maintain arguing decrease to and fro could there. additionally, that's wide-unfold prepare that modifications or updates to a settlement are made on the unique settlement. ie. You go out the blunders and preliminary the exchange. Warn them that signature fraud is a extreme criminal offense. via regulation then, they haver to offer you a replica of it and you're able to request to look at their "unique". Take a great look at those alleged signatures. however i'm hoping that's not the case which you or an significant different actually signed a hire for June fifteenth.