Legal question

paleshadow · #1 06-01-2006, 12:54 AM

I know there are a few legal eagles on the boards, but I can't remember specifically who, so this is for anyone who may know.
If you have a lease on an apartment, and the property is sold, are you still bound to the terms of the lease specifically to the duration of the lease.

Basically, if you move out a month before the lease is up are you still liable for that months rent?

BTFLCHLD · #2 06-01-2006, 01:35 AM

Quote:

Originally Posted by paleshadow

I know there are a few legal eagles on the boards, but I can't remember specifically who, so this is for anyone who may know.
If you have a lease on an apartment, and the property is sold, are you still bound to the terms of the lease specifically to the duration of the lease.

Basically, if you move out a month before the lease is up are you still liable for that months rent?

I am not sure if there are local laws/codes you should concern yourself with but for California I would have to ask you if, in the sale, the old owner transferred over the leases to the new owner. Generally, if this is the case, you would have received notification with a request for a signature of approval. If the leases have been transferred, then you would be liable to uphold the lease agreement with the new owner. If the leases have not been transferred, I would say not. However, you should your local codes which, dependent upon the population of your town/city, should be available on-line. Good luck!

HomerMcvie · #3 06-01-2006, 02:26 AM

I have a few rentals, and aquiring the tenants-SIGNED to a lease-was part of the sale(it's easier to sell RENTED property than NON-rented). The previous owner has to turn over any deposits held, to the new owner, at closing. So, in effect, you're the new owner's tenant. I'm sure it's in the fine print in your lease, about the possible sale of the property.

At least in Indiana, this is how it works....

BTFLCHLD · #4 06-01-2006, 02:45 AM

Quote:

Originally Posted by HomerMcvie

The previous owner has to turn over any deposits held, to the new owner, at closing. So, in effect, you're the new owner's tenant. I'm sure it's in the fine print in your lease, about the possible sale of the property. At least in Indiana, this is how it works....

Good tip on the fine print. What you have described would also be the case in California with a difference being the notifcation/signature from the leasee. From what I recall, if one does not sign they are then released from the lease with the promise to vacate. Perhaps someone else will have some additional information. It would be helpful to know paleshadow's location.

paleshadow · #5 06-01-2006, 06:20 AM

Thanks for the replies. I'm in NY. Well, I managed to dig up my lease renewal from last year and read it through. There is a section that states: "this lease is binding on Landlord and Tenant and their heirs, distributees, exectors, administrators, successors and lawful assigns".
My original lease that I signed 8 years ago was for a 12 month period starting and ending at the beginning of July. They didn't get me the renewal until July 14 of last year, so the renewal has the end date as July 31st. I didn't realize it until after I had signed the lease at my new place and scheduled move in for July 1st. So it seems like I may be stuck paying my rent at the new place, and the rent for July here too.

I sent a certified letter with this months rent check notifying the landlord that I would be moving out on July 1st and that I wanted to schedule and be present for the exit walk through. We'll see what they say about the lease dates I guess. Keep your fingers crossed that they don't make an issue of it! Thanks again for the info!

irishgrl · #6 06-01-2006, 07:13 AM

Lets hope you get your deposit back...

paleshadow · #7 06-01-2006, 07:36 AM

Quote:

Originally Posted by irishgrl

Lets hope you get your deposit back...

Well, if I end up paying the rent to the full term of the lease, there shouldn't be any reason I wouldn't. I am concerned though mostly because the property has been sold twice since I've lived here. That's why I want to do a walk through with the new property manager before I leave. I don't want any surprises!

irishgrl · #8 06-01-2006, 08:15 AM

Quote:

Originally Posted by paleshadow

Well, if I end up paying the rent to the full term of the lease, there shouldn't be any reason I wouldn't. I am concerned though mostly because the property has been sold twice since I've lived here. That's why I want to do a walk through with the new property manager before I leave. I don't want any surprises!

interesting, the new property owner has no idea what shape the place was in when you moved in, so they can hardly hold you liable for anything now can they? Did you take pictures for your initial walk thru?

DrummerDeanna · #9 06-01-2006, 09:49 AM

Oh - if I may sneak in here with a question of my own.

I moved into my place a year ago mid-June. I was given the option of a 1 or 2 year lease, I said I wanted the 1 year. Well in my excitement of getting the apartmen I didn't realize I actually signed until September. So it's a June-Sept. Lease. Not a year.

Fast forward to now - I've gotten a job out of state (like 2000 miles away from here) And thought I was all free and clear - I'll have been here a little over a year by the time I leave...

BUT I looked at my lease and there's a big fat September there. So did I totally screw myself by signing that? Am I stuck? They don't seem to be willing to work with me on this...even though I'm not just moving up the street - I'm moving across the US!

Any thoughts/advice?

Thanks....And good luck with your apartment issues as well, paleshadow!

irishgrl · #10 06-01-2006, 10:19 AM

in general, the thing about contracts is there is no ambiguity. its all in black and white. you have to read your contract and be clear about what it says (or doesnt say) to know what your options are. If the landlord isnt willing to work with you and your lease says you are obligated until September, either you pay the difference or possibly get someone to come in and take over the remainder of your lease (assuming thats legal in your state/area). Of course, your best bet is to review civil codes in your area for landlord/tenant issues and see what the law provides. But as I said, contracts are pretty cut and dried--in general.

DrummerDeanna · #11 06-01-2006, 10:21 AM

Quote:

Originally Posted by irishgrl

in general, the thing about contracts is there is no ambiguity. its all in black and white. you have to read your contract and be clear about what it says (or doesnt say) to know what your options are. If the landlord isnt willing to work with you and your lease says you are obligated until September, either you pay the difference or possibly get someone to come in and take over the remainder of your lease (assuming thats legal in your state/area). Of course, your best bet is to review civil codes in your area for landlord/tenant issues and see what the law provides. But as I said, contracts are pretty cut and dried--in general.

yeah...I'm mostly just pissed off at myself for not realizing BEFORE I signed that I actually signed for more than a year. Of course, I didn't really plan on uprooting my life again and moving across the country....grrr. Anyway - thanks!

irishgrl · #12 06-01-2006, 11:00 AM

Quote:

Originally Posted by DrummerDeanna

yeah...I'm mostly just pissed off at myself for not realizing BEFORE I signed that I actually signed for more than a year. Of course, I didn't really plan on uprooting my life again and moving across the country....grrr. Anyway - thanks!

you might want to confer with legal aid clinic in your area (if you have one..sometimes colleges have a quasi-paralegal clinic?) to see if there is some sort of recourse. You might also peruse your state codes to see what recourse you have. Good Luck

HomerMcvie · #13 06-01-2006, 12:01 PM

Quote:

Originally Posted by DrummerDeanna

Oh - if I may sneak in here with a question of my own.

I moved into my place a year ago mid-June. I was given the option of a 1 or 2 year lease, I said I wanted the 1 year. Well in my excitement of getting the apartmen I didn't realize I actually signed until September. So it's a June-Sept. Lease. Not a year.

Fast forward to now - I've gotten a job out of state (like 2000 miles away from here) And thought I was all free and clear - I'll have been here a little over a year by the time I leave...

BUT I looked at my lease and there's a big fat September there. So did I totally screw myself by signing that? Am I stuck? They don't seem to be willing to work with me on this...even though I'm not just moving up the street - I'm moving across the US!

Any thoughts/advice?

Thanks....And good luck with your apartment issues as well, paleshadow!

I think you're stuck, although it really just depends on your landlord. He can only collect from you for the time it's empty-IF he rents it in 30 days, I believe he can only keep your deposit, and "sue" you for the empty time. Of course, if he never advertised it, and just let it sit empty til Sept, he could come after you for the full amount.
Now, him COLLECTING on it is another story. You seem like a responsible person, BUT, lemme tell ya, for people that aren't.......good luck to him! If the tenant doesn't own anything of value, and especially, has a disposable job(waitress, convenience store, etc...-where they can easily pick up and quit, if he files for garnishment-he's screwed. In Indiana at least, if they move or leave their job, they have to notify NOBODY. Not the court or the landlord. If you can't find them, what are you supposed to do? I've asked the judge in two cases, what I'm supposed to do. Stalk them? He said, "don't use that word, but yes".
In short, only "responsible" people are held to be liable, because the ONLY result of not paying the judgement is the screwing of their credit. If they go to buy a house or car, the creditor sees this big judgement that never got paid. But, like I said, you seem like a very responsible person, soooo, I'd have a long talk with him. I've let people go before for paying one extra month's rent(under the assumption that I'll have it rented in 30 days), and I'd rather have ONE month's rent than risk going to court, and going through the whole "garnishment and stalking" fiasco!
Sorry so personal and long!

amber · #14 06-01-2006, 01:12 PM

Quote:

Originally Posted by DrummerDeanna

yeah...I'm mostly just pissed off at myself for not realizing BEFORE I signed that I actually signed for more than a year. Of course, I didn't really plan on uprooting my life again and moving across the country....grrr. Anyway - thanks!

Where are you moving? Also, a lot of people here find others to take over their lease on their own. You just transfer it. The issue there is getting your deposit from the new lessee. Usually landlords don't care if it's you in the property, as long as it's rented.

Maybe you should Craigslist it. Also, there is sublet. I think sublet is a little more difficult, because the person would have to specifically want to stay in your house from the time you leave until the time the lease is up, then if they wanted to stay they would have to re-lease on their own.
Anyway, that happens a lot here, so i thought I'd throw it out. Good luck.

DrummerDeanna · #15 06-01-2006, 02:06 PM

Quote:

Originally Posted by HomerMcvie

I've let people go before for paying one extra month's rent(under the assumption that I'll have it rented in 30 days), and I'd rather have ONE month's rent than risk going to court, and going through the whole "garnishment and stalking" fiasco!
Sorry so personal and long!

Yeah - I was thinking about the "what would happen if I just didn't pay" lol...but I can't do that, I care too much about my credit score (I'm in the top 1% for my age group

) But the problem is ...I actually CAN'T afford to pay two rents!! So yeah - I'm going to suggest the one month thing - if they can't rent it in 30 days - then I'll pay one month - they'll take a bite on the other (if it's not rented). I don't even care that much about my security deposit - I just don't want to be saddled with having to pay two rents per month!

Quote:

Originally Posted by amber

Where are you moving? Also, a lot of people here find others to take over their lease on their own. You just transfer it. The issue there is getting your deposit from the new lessee. Usually landlords don't care if it's you in the property, as long as it's rented. Maybe you should Craigslist it. Also, there is sublet. I think sublet is a little more difficult, because the person would have to specifically want to stay in your house from the time you leave until the time the lease is up, then if they wanted to stay they would have to re-lease on their own.
Anyway, that happens a lot here, so i thought I'd throw it out. Good luck.

I'm moving to Colorado

I have been advertising it on my own - the owner (who lives downstairs) HAS a for rent sign - but hasn't put it out even though I've repeatedly asked him to

but the company that manages the property for him (on an informal type basis) has it advertised online..or so they say - I can't find it...

So in the meantime I'm trying to do my part..I totally forgot about Craigslist!!! I'm going to post it!