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My landlord is wanting to let the property management company go and directly lease to us. However, we just renewed our lease through the management company. The landlord's lease agreement would start 2 months into the new lease we just signed. Is this legal? I do not want to move but do have some apprehensions and it seems like the landlord would be breaking our existing lease by doing this. If it helps we are in California.
My landlord is wanting to let the property management company go and directly lease to us.
Is this legal?
Wanting to? Of course. Asking you to cooperate? Of course.
Jamming it down your throat and 'requiring' you to sign? No.
Quote:
...have some apprehensions and it seems like ...
What matters is that the various terms on the new lease
are legal, equitable and that you know exactly who is holding your deposit.
Ask for a copy of the new lease to read through over the weekend and review clause by clause.
Confirm that you aren't being asked to agree to anything you haven't already agreed to.
It's not likely that you would be.
Last edited by MrRational; 01-11-2019 at 04:48 AM..
My landlord is wanting to let the property management company go and directly lease to us. However, we just renewed our lease through the management company. The landlord's lease agreement would start 2 months into the new lease we just signed. Is this legal? I do not want to move but do have some apprehensions and it seems like the landlord would be breaking our existing lease by doing this. If it helps we are in California.
If I were in your shoes, I would communicate to the landlord:
"I am agreeable to signing a new lease as long as all the terms remain the same including the rent amount and expiration date."
That way the only thing that changes is the name of the landlord, and where/how your payments are to be made. And I would remind the LL that you've paid the security deposit to the the PM company, and ask him if that will just be transferred over to him.
And maybe some CA landlord's can chime in but I wonder if a simple amendment to the existing lease could be done instead of a new lease.
As a final note - be sure all your communication is in writing, and retain all documents for your records - including the original lease.
My landlord is wanting to let the property management company go and directly lease to us.
He already is. The PM company was his agent. The LL and you are both bound by the lease with or without the property manager.
Quote:
Originally Posted by HokieFan
If I were in your shoes, I would communicate to the landlord:
"I am agreeable to signing a new lease as long as all the terms remain the same including the rent amount and expiration date."
That way the only thing that changes is the name of the landlord, and where/how your payments are to be made. And I would remind the LL that you've paid the security deposit to the the PM company, and ask him if that will just be transferred over to him. Be sure all your communication is in writing, and retain all documents for your records - including the original lease.
Ditto that.
Quote:
Originally Posted by HokieFan
And maybe some CA landlord's can chime in but I wonder if a simple amendment to the existing lease could be done instead of a new lease.
It could. There is nothing in the CA statutes prohibiting such a thing though likely isn't necessary as the original lease is binding on the landlord and the tenant anyway.
Unless your landlord is trying to do something obviously underhanded, it is too early to go to war with him. You can stand your ground and say you won't sign a new lease until the current one expires, but be prepared to move at the end of the lease.
Your current lease is still valid until the end date. Changing the lease at this point has to be mutually agreed upon.
Your landlord probably has a lease that he likes better or the management company has asked him to not use their lease. Just ask the landlord if you can have a copy of the new lease to read over. Make sure there aren't terms you can't live with before you start complaining about it.
You can politely request the same end date and you should be able to get that. You can politely request to have some of the terms remain the same. You might get that or you might not. You can keep the same terms until the current lease ends at which time you will be signing the new lease or moving.
Thank you for your comments. I'm sorry if my first post seemed combative. I was in the middle of a long project and exhausted when I received the email and posted here. Your advise is helpful.
Thank you for your comments. I'm sorry if my first post seemed combative. I was in the middle of a long project and exhausted when I received the email and posted here. Your advise is helpful.
Just respond that you're open to it but would have to look at the terms first to make sure they're consistent with what the last lease had.
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