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My current lease agreement for my 4 bedroom house is up at the end of July. Two roommates are moving out and my brother and I are staying and two new people are moving in. My landlord wanted to relist the house if we didn't want to stay but I told him the situation and we are signing a lease agreement for the new term (8/1/12-7/31/13) with two new roommates. My landlord is trying to say that we are modifying our lease, not making a new one and so there there is a $150 fee to "modify the lease". He states this addendum on our current lease gives him the basis to do so...
"If the Tenant's cause the Lease Agreement ot be Amended or Modified they will be charged $150 for each Amendment and/or modification. If the Tenant's request a "Pre-move-out-inspection" prior to vacating they will be charged $150 for the inspection. If the Tenant's request help to "Break-his-Lease" they will be required to continue to pay the montly rent, continue with all utilities in service, and cooperate with all showings. After a new tenant(s) are secured, who have signed their lease agreement and deposited all monies due on account, then the "Current" Tenant's Lease agreement will be terminated subject to their responsibilities for remitting the property back to the Landlord. Within 21 days from date of termination, along with all the DND keys, their account will be settled, less a $300 Re-Leasing fee payable to ______ and a $50 minimum advertising fee, or more, if applicable"
I'm calling BS on him at our lease signing tonight, if we are all 4 of us (2 new 2 old) signing the new lease he drafted up for a NEW TERM, then how is that modifying the lease since they are separate terms? I questioned him on it a week ago but wanted to look at the fine print on the lease before i told him to pound sand.
everything is negotiable and you are correct to to negotiate prior to signing the lease and before any money changes hand.
I th1nk it is a new lease....BECAUSE...the old lease expires 7/31/12. You are NOT making any modifications to the lease that expires 7/30/12. Stick with this in the debate. A lease modification would alter the lease that is already in place with the 2 roommates that are going to move out. The new lease is with you, your brother and 2 new people for new term starting August 2012.
My current lease agreement for my 4 bedroom house is up at the end of July. Two roommates are moving out and my brother and I are staying and two new people are moving in. My landlord wanted to relist the house if we didn't want to stay but I told him the situation and we are signing a lease agreement for the new term (8/1/12-7/31/13) with two new roommates. My landlord is trying to say that we are modifying our lease, not making a new one and so there there is a $150 fee to "modify the lease". He states this addendum on our current lease gives him the basis to do so...
"If the Tenant's cause the Lease Agreement ot be Amended or Modified they will be charged $150 for each Amendment and/or modification. If the Tenant's request a "Pre-move-out-inspection" prior to vacating they will be charged $150 for the inspection. If the Tenant's request help to "Break-his-Lease" they will be required to continue to pay the montly rent, continue with all utilities in service, and cooperate with all showings. After a new tenant(s) are secured, who have signed their lease agreement and deposited all monies due on account, then the "Current" Tenant's Lease agreement will be terminated subject to their responsibilities for remitting the property back to the Landlord. Within 21 days from date of termination, along with all the DND keys, their account will be settled, less a $300 Re-Leasing fee payable to ______ and a $50 minimum advertising fee, or more, if applicable"
I'm calling BS on him at our lease signing tonight, if we are all 4 of us (2 new 2 old) signing the new lease he drafted up for a NEW TERM, then how is that modifying the lease since they are separate terms? I questioned him on it a week ago but wanted to look at the fine print on the lease before i told him to pound sand.
Thoughts?
I agree it's a nonsene fee. It's a new agreement and you can agree to whatever you would like. So if you want to agree to this bogus fee it's your perrogative. If not and he wants to go ahead and find a new tenant that's fine too. But I wouldn't pay it and good for you for telling him it's bs. If he insists tell him to go ahead and find new tenants.
Met with him, told him what I thought about the the fee and he we argued back and forth not conceding to one another and he said that I was the first tenant to ever question this. He's a hard ass so I gave him an out by saying that since he never disposed of a pile of wood on our side yard and we had to take care of it ourselves that we should call it a wash. He agreed. I think he knew I was right but didn't want to concede, luckily i had something to hang over his head. Damn realtors in Chico are always trying to make money on college kids.... not this one though.
Met with him, told him what I thought about the the fee and he we argued back and forth not conceding to one another and he said that I was the first tenant to ever question this. He's a hard ass so I gave him an out by saying that since he never disposed of a pile of wood on our side yard and we had to take care of it ourselves that we should call it a wash. He agreed. I think he knew I was right but didn't want to concede, luckily i had something to hang over his head. Damn realtors in Chico are always trying to make money on college kids.... not this one though.
Residential Tenants in California have the right to request a pre-move inspection... never heard anyone charge for this
Good for you, OP. I think the charge was wrong and I'm pretty sure the LL knew it would not hold up in any court. It's a new lease term, therefore a new lease.
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