Lost Lease (apartment complex, leasing, credit)

[P1317]

I live in an apartment complex that was taken over by the bank. A few months ago I asked the new management company to produce a copy of my lease. They were unable to find a copy of my lease because 5 leasing folders had been lost with the transition from one company to the next. They asked me to fill out a new application so we may make a new folder, but I did not fill out anything and proceeded to pay rent on time. The leasing office never contacted me to fill out anything so I left it alone. For the passed few months I haven't been happy with the way the property is being managed or maybe I am use to the last management company. I spoke with a agent in the office about leaving. I was going to put in a two month notice just so I leave the right way. She proceeded to tell me that if I leave before the end of my lease I would have to pay for breaking it or they could move me to any other apartment for $300 if I don't like the one I'm in. I asked if there was no lease how am I responsible for breaking something that isn't there? She could not give me a correct answer and said she would have to speak to her superiors about the matter. So my question is If the leasing company lost my lease am I still responsible for the agreements in it?

[flyonpa]

Not sure...

BTW, where is your copy of the lease?

[jsvh]

If the lease you originally signed said you had to pay a $300 fee to break the lease, then you do have to pay it. But if they do not have a copy of the lease then there is no way they can prove it in court.

[sjuraud]

When does your lease end? If your original lease has already past, your are on a month to month. That happens automatically in Georgia as long as you keep paying rent past the lease end date. Either party can give 30 days notice to vacate.

[ElleKaye]

The ethical thing would be to go by the terms of your lease. If they can't produce a lease then it's your word against theirs. I

It does not sound like time is on your side since you already did the honorable thing and talked to them directly. I would start looking ASAP before you end up with something on your credit that hinders finding a place later.

I don't know them from Adam's house cat, but it does not sound like this will work out well with the current staff. You're unhappy there and nobody can come up with a lease. Move! While you're packing though, I would keep an eye out for the lease.

[netdragon]

Not having a lease is bad for you if you stay. They can make you month-to-month and charge you more.

Just ask them to produce a copy of your signed lease to show you those terms. If they can't, just tell them they have no legal right to ask you to stay and you would like to meet them in the middle and agree to a 3-month lease at the current rate.

Then start looking around and be done with it.