Change in Property Mgmt Company in Colorado (lease agreement, tenant, renter)

[mad renter]

We just found out that the prop. mgmt. company for our house changed back in January of this year. No notification from anyone. We make all of our payments online through the prop mgmt website and nothing indicated on the payment site that the payments were being made to a different company. (INFO- The new property mgmt firm redirected the old website address to their own domain but did not change the appearance of the site and we did not notice any changes.)

Normally, this probably wouldn't be a problem except that we have been notified that our lease will not be renewed because the owner is selling the house. The notice of non-renewal is the first time we heard about the new company. We, incorrectly, assumed ( I know, dumb, dumb, dumb!) that our initial security deposit included the last month's rent. Wrong on that assumption as we just got served with a 3-day for non-payment of rent. We have since re-read our lease from three years ago. (Beat me up for not doing it earlier. )

The new company included a legal fee charge on the paperwork which is not a provision in the existing "original" lease. Drove a check over to the prop mgmt. office, which is the same office as the original prop, managers, made out to the original prop mgmt company and did not include the legal fee. Property mgmt refused to accept it.

My understanding is that any changes to the original lease require at least some type of addendum signed by all parties which did not happen, obviously. Some may disagree, but being that we have no notice of a change in mgmt, we did not feel comfortable making out the check to the new company without them giving us proper notification and a revised lease agreement reflecting the legal fee provision. Figured if any problems arose and we needed to go to court, the judge would want to know why we wrote a check to the new company without having received notification or a new lease reflecting the change.

Does anyone know if Colorado law allows a change such as this to a lease agreement without proper notifications and signatures? I know the agreement can transfer to the new prop, mgmt, but with changes, isn't the new prop mgmt company required to amend the agreement?

Thanks folks. Appreciate any help as I'm sure we will probably get a summons tomorrow.

[Ms_Christina]

Your lease is with the property owner. They can hire and fire a dozen property managers if they want. You already know you are in the wrong for not paying your rent. Lesson learned. Pay your fees and move out.

[MrRational]

Originally Posted by mad renter

...we have been notified that our lease will not be renewed because the owner is selling the house.
We, incorrectly, assumed that our initial security deposit included the last month's rent.

The new company included a legal fee charge on the paperwork...
Drove a check over to the prop mgmt. office... and did not include the legal fee.
Property mgmt refused to accept it.

Appreciate any help as I'm sure we will probably get a summons tomorrow.

Write a new check that includes the fee.

[mad renter]

Just spoke with a RE attorney and he confirmed that I did the right thing in making the check out to the prior property management group. As the new PM did not notify me of the change I was obligated under the lease to pay the prior broker's group. There is a very good chance the state regulation board will except a complaint once I file it against the new broker for the lack of notification. Several more factors will determine the outcome of a formal complaint once placed with the board.

And no, my lease was not with the property owner. I don't even know their name(s) or where they live. My lease was with their agent, the original property management firm.

As for the late fee, it is debatable and I will be negotiating for an omission. The late fee provisions do not allow for a fee, but there is an all encompassing fee which normally kicks in when numerous lease violations are present and repetitive, much different than my situation. This is the first time ever for a late pay, usually rent is paid online 2 days early!

This is the first time I have rented in Colorado. In others states where I have rented many, many years ago, the last months' rent was always part of the security deposit. Purely a misunderstanding as a tenant new to the state.

[NoMoreSnowForMe]

In CA, when LL serves a notice to pay or quit, it can ONLY include rent, not any late fees, etc. If you do, you have to start over.

[jaredC]

Yea it sounds like any changes with the lease needed to be approved on both ends, yours and the new PM. If not, what keeps them from jacking up the rent a crazy amount without proper notification? I rent in AZ and when any and I mean any changes to the lease, whether it be an increase in rent or higher fees etc. has to be approved by myself and the PM. Good luck.