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Old 02-22-2013, 12:41 PM
 
28 posts, read 54,108 times
Reputation: 21

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Thanks in advance.

We have been living in an apartment for the last two years. Last August when it came time to sign a new lease none was provided. We called the property management company numerous times to get one, but it never came. After a month or two we cornered a maintenance worker and asked what was going on. He told us if a new lease wasn't sent no terms had changed and we had rolled into a new lease and signing wasn't needed.

Now we just were informed we have a new Property Management company taking over. They were not provided a lease by the old company and are asking us to come in tomorrow to sign one.

We do not have a copy of the old lease and do not have any documentation showing we asked for one. We can only provide bank statements with the payments recorded (never late, always full amount).

We do not want to renew for a full year yet just keep it till August and decide then if we stay or go.

We do not want any of our terms to change.

We have a cat that was grandfathered in ( no extra charges, monthly or deposit ).

The new company never inspected our apartment before this change over. The house has problems that we tried to get addressed by the old company but they must have known this was coming and put them off. Can we force them to fix rotten shower, mold issue and a hole in the wall due to stress and temp changes?

Also they are asking that only I have a background/credit check performed on me, not my girlfriend who has lived at this apartment much longer. That leads me to believe they do have some documentation on us. They also want me to pay the $50 to have it performed. (my credit is shoddy (student loans), background clean)

What rights do we have what can we do? Can they change our terms? Can they force me to pay the $50? Can they evict us if we do not agree to their new terms? Can they raise rent or ask for another security deposit? Can they force us to renew for another year now? etc. etc.

Any help is appreciated!
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Old 02-22-2013, 12:53 PM
 
43,011 posts, read 107,722,952 times
Reputation: 30711
When your old lease wasn't renewed, you reverted to a month-to-month lease, which isn't a bad thing, especially since you don't want to stay a year.

If you don't like the terms of the new lease, don't sign it and plan to move within the next few months instead of waiting later in the year.
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Old 02-22-2013, 01:09 PM
 
Location: United States
12,390 posts, read 7,056,420 times
Reputation: 6134
If neither party has a record of a lease, then you should ask the old management company to provide you with a copy of the lease.

Without a copy of the lease, you can't say what your rights are under the lease. Your old lease could have expired, and now you only have the rights granted under PA law.

I'm not sure why you don't have a copy of your lease, it is unwise to not keep a copy of it.
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Old 02-22-2013, 01:22 PM
 
28 posts, read 54,108 times
Reputation: 21
I spoke with the old management company and hour ago. They handed over all physical documents to the new company. They are checking if they have a digital copy. Didn't sound likely. The guy did say that when the lease expired we did auto renew for another year he is checking to see if he can find a renewal agreement for me.

Also we just learned that this is the company we are meeting with. Trends Capital - Pittsburgh
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Old 02-22-2013, 01:33 PM
 
43,011 posts, read 107,722,952 times
Reputation: 30711
If nobody has a copy of your lease, you're on a month-to-month lease now. As Stburr91 said, your rights will be determined by state law.

Read this: No-Lease Tenant Rights in Pennsylvania | eHow.com

You don't have to sign this new lease but be prepared to move if you don't.

You will get notice. It's not like they can kick you into the streets within a few days
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Old 02-22-2013, 01:52 PM
 
Location: Pittsburgh, PA
1,304 posts, read 3,024,651 times
Reputation: 1132
The landlord and you are operating on a month-to-month lease. Depending upon the language of the original lease, either party (under PA landlord-tenant law) must give a 30 day written notice to conclude the the contract. From your description, it sounds as if the landlord is trying to establish groundwork for a new lease with you, if you are able to meet his standards. Beyond giving you the 30 day notice (and/or the pay or quit notice, if your rent is not current), he is not under any legal obligation to retain you as a tenant.
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Old 02-23-2013, 06:16 AM
 
Location: 15206
1,860 posts, read 2,568,161 times
Reputation: 1301
Mt. Lebanon landlord pleads guilty to tax charges - Pittsburgh Post-Gazette
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Old 02-23-2013, 10:04 AM
 
43,011 posts, read 107,722,952 times
Reputation: 30711
Wow! Did you read the comments? Notorious slumlord!
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Old 03-24-2014, 01:49 PM
 
28 posts, read 54,108 times
Reputation: 21
Hey All,

Not to beat a dead horse, but we were sucked into signing and now have a new issue. If anyone has any advice please help!

http://www.city-data.com/forum/pitts...e-showing.html
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Old 03-24-2014, 08:09 PM
gg
 
Location: Pittsburgh
26,137 posts, read 25,825,203 times
Reputation: 17378
Jason Cohen Pittsburgh Real Estate Investor
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