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Old 12-07-2014, 10:47 PM
 
1 posts, read 2,052 times
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my landlord died in october 2014. now his sisters want me to move. i had asked if i could stay until the end of school year so my son wouldnt have to change schools. they sent me a letter saying they wanted me to be vacated by december1,2014. it is now december7, 2014. last night during my packing i came across my lease i forgot we drew up. which states i am in lease til dec of 2015. is this lease still valid
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Old 12-07-2014, 10:59 PM
 
Location: Rural Michigan
6,341 posts, read 14,687,030 times
Reputation: 10550
Quote:
Originally Posted by kissthebarbie View Post
my landlord died in october 2014. now his sisters want me to move. i had asked if i could stay until the end of school year so my son wouldnt have to change schools. they sent me a letter saying they wanted me to be vacated by december1,2014. it is now december7, 2014. last night during my packing i came across my lease i forgot we drew up. which states i am in lease til dec of 2015. is this lease still valid
Yes, if its signed by both parties.
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Old 12-08-2014, 12:10 AM
 
Location: West Virginia
13,927 posts, read 39,297,259 times
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Congrats! You now legally have another yr! I suggest you send the sister a copy! Continue to pay your rent On Time!
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Old 12-08-2014, 05:57 AM
 
16,376 posts, read 22,486,570 times
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If the lease has your landlord's signature, you are officially in the lease until Dec 2015. They cannot get rid of you before your lease term expires UNLESS you agree to it. You can request them to pay you a lump sum of money in order for you to move early of you choose. For example, you can tell them you can move June 1 if they give you a $2000 fee to break the lease early. But it's all up to you.

Make a few extra copies of the lease. Maybe sure you store one of the backup copies off site in case they sneak in with a key and take the copies of the lease.

Also make sure to mail them a copy along with a note saying your lease is valid until Dec 2015.
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Old 12-08-2014, 08:19 AM
 
Location: southwest TN
8,568 posts, read 18,110,026 times
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To put the sisters on formal legal notice and to preserve your interest in the property, take the ORIGINAL signatures lease to the city/town hall and go to the Recorder of Deeds office. Tell the clerk you wish to record the lease. there will be a small charge and it will then be recorded in the Land Records.
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Old 12-08-2014, 09:58 AM
 
Location: Rural Michigan
6,341 posts, read 14,687,030 times
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Quote:
Originally Posted by NY Annie View Post
To put the sisters on formal legal notice and to preserve your interest in the property, take the ORIGINAL signatures lease to the city/town hall and go to the Recorder of Deeds office. Tell the clerk you wish to record the lease. there will be a small charge and it will then be recorded in the Land Records.
+1

This serves as "notification" to any potential purchaser of the property that any sale is subject to your lease.
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Old 12-08-2014, 10:12 AM
 
466 posts, read 643,944 times
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You forgot you had a lease? nc
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Old 12-08-2014, 11:07 AM
 
Location: Denver & Boulder regions
166 posts, read 411,793 times
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Quote:
Originally Posted by Zippyman View Post
+1

This serves as "notification" to any potential purchaser of the property that any sale is subject to your lease.
- which also clouds title which can have legal repercussions for the OP. If someone intentionally clouds title, it can lead to hot water and be costly. In some states, a death of a party null and voids contracts (which a lease is); therefore, other legalities and rights then become enacted.

Personally, I'd want verification that the sister is, indeed, the executor of the estate, as that is who the OP should be dealing with ..... especially that, chances are the property in question is still in probate. OP should find out who is handling the estate, the courts probably have on file somesort of appointment letters who lists the appropriate executor and the attorney who has been handling things.
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Old 12-08-2014, 11:14 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
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Quote:
Originally Posted by TarkaK9 View Post

Personally, I'd want verification that the sister is, indeed, the executor of the estate, as that is who the OP should be dealing with ..... especially that, chances are the property in question is still in probate. OP should find out who is handling the estate, the courts probably have on file somesort of appointment letters who lists the appropriate executor and the attorney who has been handling things.
I don't think it's up to the OP to jump through any hoops at this point. The signed lease valid until December 2015 is all that matters and if the sisters have an issue with that they can go through channels themselves.
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Old 12-08-2014, 11:27 AM
 
Location: Denver & Boulder regions
166 posts, read 411,793 times
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Quote:
Originally Posted by STT Resident View Post
I don't think it's up to the OP to jump through any hoops at this point. The signed lease valid until December 2015 is all that matters and if the sisters have an issue with that they can go through channels themselves.
.... so advocate taking the law into one's hand? Okay, that's prudent.
Even more a reason why OP needs to know where they stand .... atleast notify the estate and subsequent attorney that there is a lease involved with the property and consult their own counsel.
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