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Old 12-23-2016, 01:42 AM
 
1 posts, read 3,602 times
Reputation: 10

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I live in the state of Washington. The owner of our building changed management companies and has never given us new rental agreements. Its been two years. The new property management company served me a 30 day notice to increase my rent beginning the first of Jan.but not with a letter, but as a new rental agreement. The new rental agreement was not signed by anyone. It had a sticky note on the first page that stated. Sign and send back. Really? To Me that's like signing a blank check. Sure, take my money, whoever you are.
My question is this; How can the new property Manager increase my rent when I have never had a rental agreement with that company. My agreement is still with the previous Property Management company and owner. It seems to me the transfer of agreements to a new manager is to keep cash flowing until the new management company requires the tenants to sign a new agreement. There are 7 carry over tenants from previous management that have not signed agreements with new management or have had rental increases. I am the only tenant who has received a rental increase and rental agreement. Besides the disguised 30 day notice the agreement has many glaring mistakes. The wrong timeframe for deposit dispositions. The landlord now has 21 days to reimburse tenant. The law was changed this year, and there is no disclosure of where my deposit is held. Also there is a term that states there are no pets allowed. Pets are allowed. I have a companion dog. Other tenants have pets. There is no mention that service animals and companion animals are allowed with proper paperwork and cannot be denied tenancy. Also, five addendums were listed, but no physical copies were included. I am working on a letter and trying NOT to be hostile.
Am I right?
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Old 12-23-2016, 06:03 AM
 
3,461 posts, read 4,702,236 times
Reputation: 4033
Quote:
Originally Posted by walksforfun View Post
I live in the state of Washington. The owner of our building changed management companies and has never given us new rental agreements. Its been two years.
First of all, how did you find out about the new management company? You must have found out somehow in the past 2 years if you know that fact and have been paying your rent to that new management. They are not required to give you a new 'rental agreement' if they are only changing management. The LL/owner needs to be designated on the original rental agreement however, if there is only a change to management of the rental property then tenants only need to be notified via a notice or letter either in person or via mail or something posted conspicuously on the premises as indicated below.

RCW 59.18.060: Landlord
Quote:
(15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes in writing, which must be either (a) delivered personally to the tenant or (b) mailed to the tenant and conspicuously posted on the premises. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.
Secondly, if you did not receive a new rental agreement after your initial lease terminated then your lease automatically converted to a month-to-month lease where only 30 days notice is required for any changes after that whether it be rent increases, etc., via an addendum or a new lease agreement.

This link should help answer a lot of your questions:
http://www.tenantsunion.org/en/right...operty-changes

If they are making changes regarding pets then that has nothing to do with service or support animals because they are not considered 'pets'.
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Old 12-28-2016, 06:47 AM
 
16,235 posts, read 25,211,406 times
Reputation: 27047
Quote:
Originally Posted by walksforfun View Post
I live in the state of Washington. The owner of our building changed management companies and has never given us new rental agreements. Its been two years. The new property management company served me a 30 day notice to increase my rent beginning the first of Jan. but not with a letter, but as a new rental agreement. The new rental agreement was not signed by anyone. It had a sticky note on the first page that stated. Sign and send back. Really? To Me that's like signing a blank check. Sure, take my money, whoever you are.

My question is this; How can the new property Manager increase my rent when I have never had a rental agreement with that company.
Because you are still under the old lease with the owner, and this new lease is still with the owner. The property management company simply represents the owner. Obviously after two years, assuming that your first lease was for the typical one year...you are under the typical 30 day, month to month And, are now wanting you to sign a new lease, with new rules an increase in rent, etc. Your choice is to sign it, or not.

My agreement is still with the previous Property Management company and owner. INCORRECT.....The owner changed property management companies. And the owner is still the owner

It seems to me the transfer of agreements to a new manager is to keep cash flowing until the new management company requires the tenants to sign a new agreement. they Of course people have to still pay their rent....not sure what you are assuming?

There are 7 carry over tenants from previous management that have not signed agreements with new management or have had rental increases. I am the only tenant who has received a rental increase and rental agreement.

Perhaps the others have not run their existing leases out. Yours after two years as I mentioned above may be the only one that needs to be revisited.

Besides the disguised 30 day notice the agreement has many glaring mistakes. The wrong timeframe for deposit dispositions. The landlord now has 21 days to reimburse tenant. The law was changed this year, and there is no disclosure of where my deposit is held. Also there is a term that states there are no pets allowed. Pets are allowed. I have a companion dog. under the old lease they were allowed

Obviously the owner has revised his leases....Again....The property management is simply representing the owner. The 30 days is your notice that you accept and sign the new lease or you need to give your 30 days notice that you will be moving


Other tenants have pets. There is no mention that service animals and companion animals are allowed with proper paperwork and cannot be denied tenancy.

As I understand the laws regarding service animals, it is up to the tenant to advocate for their rights under ADA to have service animals even in residences where pets in general are not allowed. Perhaps the owner has had some damages over the two years and has re-thought allowing animals.

Also, five addendums were listed, but no physical copies were included.
I would think copies, before you've signed your updated lease would be worthless to you at this point. If you want copies just make copies....until you have a signed agreement this lease is worthless. Generally, if you do not sign this it will be assumed that you are not re-uping your lease.

I am working on a letter and trying NOT to be hostile.
You're personalizing what is essentially a business agreement. Anything negative that you do in response is simply shooting yourself in the foot.

Am I right?
While you are upset, and your feelings may be valid....This is a rental situation, therefore a business agreement. Essentially you do not appear to agree with the new lease that the management company has sent to you. It is up to you to make the decision to remain living, under the new rules of the owner, or not. I do not see where you have a valid argument regarding this rental/lease situation....Only choices....To remain, or move elsewhere.
I attempted to answer each point that you brought up in your quote.....Your points in bold, my opinions in italic. Good luck to you

Last edited by JanND; 12-28-2016 at 07:02 AM..
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Old 12-28-2016, 07:02 AM
 
16,376 posts, read 22,481,067 times
Reputation: 14398
Get the companion animal agreed to, in writing, before you sign anything. Else they can evict you for having a pet against the rules. Also get copies of all adendums before you sign, also you have no clue what you agreed to.

You might want to CALL to talk to someone rather than writing a letter. Then follow up with a letter if needed. Write down who you spoke to.

Who cares about the disclosure of where they keep the deposit. That's just distraction. Focus on your important items.

If you don't have to new lease info squared away by the time of the new rental payment being due, send the new rent payment (increase) even if the new lease isn't yet signed. After all, they gave proper notice in writing.

Stop worrying about what the other tenants signed/agreed to or whether they are still on old lease. Don't bring this up to the management. You will sound like a whiner.
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Old 12-28-2016, 11:14 AM
 
Location: North Idaho
32,638 posts, read 48,015,234 times
Reputation: 78406
A companion animal is not protected under the law. It appears that the landlord has now decided to no longer allow pets.

Management companies can change, owners can change, landlords can change. You remain under the terms of your written rental agreement until it expires. It sounds like it is time for you to sign a new lease. Either agree to sign or give your 30 day notice that you will be vacating and find another place to live. Yes, you can have your rent raised with proper notice.

If you want copies, either run copies off on your scanner printer, or else go down to any number of places, including Staples and the local library and make your self some copies of what you have signed. Even if you think you don't want copies, get some copies of what you have signed.

If it says no pets, that does not include service animals. Service animals are protected by law and are not pets. Companion animals are not protected by law, so if pets are not allowed, that means companion animals are not allowed.
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