I didn't sign my lease with them, what can I do? (apartment complex, lease agreement)

[RG2]

I have lived in the same apartment complex for 7 years. We have had numerous property management over the years. We have a current management company that took over 1/2 way through my current lease. They informed me that they can change anything they want on my lease because of some section 19 in the lease and that since I signed my lease they can make any changes. I didn't sign my lease with them, can they just make changes? I know that the lease is a legal binding contract. What is the purpose of signing a lease if a contract can be changed by any property management that takes over? Do we as renters have any rights with this? I want to know what can be done to protect renters. (Note: I have had 2 different property management companies in the same lease year). I am in Kansas.

[olds1]

What does section 19 in your copy of the lease say?

[oceangaia]

Do you mean you never signed the lease agreement to begin with or you just didn't sign specifically with them? Almost any contract can be changed and there should be clauses in the lease that cover this. I bet one of them is "section 19". Many leases have auto renewals unless the parties notify otherwise and leases typically survive changes in ownership.

[ClaraC]

I agree with olds1.

What does Section 19 say?

[adjusterjack]

Originally Posted by RG2

I have lived in the same apartment complex for 7 years. We have had numerous property management over the years. We have a current management company that took over 1/2 way through my current lease. They informed me that they can change anything they want on my lease because of some section 19 in the lease and that since I signed my lease they can make any changes.

You refer to "some section 19" implying that it's news to you. I found a copy of a standard Kansas apartment lease which has a Section 19 that may explain things. It says:

"19. RULES AND REGULATIONS: Lessee shall comply with and be bound by the Rules and Regulations attached hereto as “Exhibit A” and incorporated herein by reference. The Rules and Regulations shall be considered terms and conditions of this Lease, and any violation thereof shall be considered a breach of this Lease. Owner may modify and amend the Rules and Regulations, at Owner’s sole discretion. Provided that, any amendment shall not take effect until after fourteen (14) days written notice has been given to Lessee"

If your lease says words to that effect then, yes, when you signed the current lease you pretty much gave the owner (through his representative) the right to make changes in the Rules and Regulations.

Originally Posted by RG2

I didn't sign my lease with them,

"Them" meaning that particular management company? Your lease is between you and the owner of the apartment building. It doesn't matter who the manager is at any given time during the term of the lease, the lease is still binding.

Originally Posted by RG2

I know that the lease is a legal binding contract. What is the purpose of signing a lease if a contract can be changed by any property management that takes over?

You signed it that way. You agreed to it. One might ask why you would sign a contract like that. You certainly had the opportunity to read and understand it before you signed it.

Originally Posted by RG2

Do we as renters have any rights with this? I want to know what can be done to protect renters. I am in Kansas.

To learn your rights and protections I suggest you carefully and thoroughly study the Kansas landlord tenant statutes.

Sections 58-2501 through 58-2533 apply to all leases in general. Sections 58-2540 through 58-2573 apply to residential tenancies. The rest of it you can ignore because it applies to mobile home parks.

https://law.justia.com/codes/kansas/...58/article-25/

Now answer this question. What, exactly, are the changes that you object to?

[oregonwoodsmoke]

The landlord can change the house rules. Maybe that is what you agreed to.

If you never signed a lease, they can change anything or everything. If you did sign a lease, whatever is in the lease is what you agreed to.

[Steve19605]

Also if you did not sign the lease. You can just move with 30 days notice. Or if you dont agree to the rules they can give you 30 days notice to move.

[turf3]

Well, what are the Rules and Regulations in Exhibit A? Those are the terms the owner can change after providing 14 days written notice. They can't change anything they want to, only the Rules and Regulations in Exhibit A.

I have not rented in Kansas but I expect they are things like no smoking, no more than one dog less than 20 pounds, rules about the dumpster, etc.

Anyone want to bet on whether we ever hear back from OP on this one?