Apartment complex sold, "lost" all paperwork. HELP! (leases, how much)

[bonemomma]

The apartment complex I live in (and have lived in for 3 years) recently sold to a new owner. About 3 weeks ago I signed a new 12month lease, I was waiting for a copy but their printer jammed and i trusted them to get it back to me. I was told yesterday that the people who worked for the other company came in and tried to transfer all the leases and paperwork to digital, then shredded everything. ARE YOU KIDDING ME! Anyway, apparently they have absolutely no record of me and my tenancy, the new Lease isnt in existence and I feel like im being set up to paying for something or getting kicked out. They didnt even have recorded that I paid rent for this month!

What am I supposed to do? What are my rights? Someone please help.

[Hollytree]

If you have proof that you paid rent, and you should, of course, then you are automatically on a month to month. Just sign a new lease with the new owners.

[bonemomma]

I do have proof that I paid rent. The only thing i don't have is my new lease. Or anything involving my move in records. Except for the first lease i signed.

[Ruth4Truth]

Well, obviously you moved in. Are the new owners giving you a problem? How could they be setting you up "to pay for something", if you have proof you paid rent? All you have to do is sign a new lease. Don't you have a copy of the original lease you signed 3 years ago?

[kettlepot]

The only thing I would be worried about is securing a record of your original security deposit. When the new owners purchased the building they took on the obligation to eventually return your security deposit when you move out. If all of their records are lost, you will need your original check from 3 years ago, or better yet your original lease, to prove how much was paid at move in so that it may be returned at move out.

[NoMoreSnowForMe]

Originally Posted by bonemomma

The apartment complex I live in (and have lived in for 3 years) recently sold to a new owner. About 3 weeks ago I signed a new 12month lease, I was waiting for a copy but their printer jammed and i trusted them to get it back to me. I was told yesterday that the people who worked for the other company came in and tried to transfer all the leases and paperwork to digital, then shredded everything. ARE YOU KIDDING ME! Anyway, apparently they have absolutely no record of me and my tenancy, the new Lease isnt in existence and I feel like im being set up to paying for something or getting kicked out. They didnt even have recorded that I paid rent for this month!

What am I supposed to do? What are my rights? Someone please help.

By law in CA, a landlord must give you a copy of your lease within 15 days of you signing it. The law is in California Civil Code Section 1962(a)(4).

You could send them a letter like this:

Dear Landlord:

As you know I signed a new lease agreement on __________(date). While I was waiting for a copy of my lease the printer jammed and I was told I would receive a copy as soon as the printer was repaired. When I later inquired for a copy of my lease, I was told that the lease was transferred to a digital copy and the original was shredded.

Under California Civil Code Section 1962(a)(4), you must provide me with a copy of my lease within 15 days of my signing it. This time has elapsed.

Please provide me with a hard copy of my lease with my signature and the manager's signature, along with a copy of all of my move-in documents, by __________(give them a few days).

Sincerely,

You

I'm wondering if you are misunderstanding their digital copying system. Just because the copies are in digital form may not mean that they don't have copies at all.

If there is still a misunderstanding about your rent being paid for this month, you need to provide them with proof that you paid the rent.

Here is a good website with your rights:

Landlord/Tenant Book Index - California Department of Consumer Affairs

[Ultrarunner]

^^^ Exactly... you are in the driver's seat because the obligation is on them.

On the face of it... I would not be too worried... glitches happen and what's the old saying... possession is 9/10ths of the law.

The above advice will help reestablish a paper trail...

Good you are being proactive.