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Old 08-17-2009, 06:03 PM
 
5 posts, read 42,730 times
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Long story short here-Two weeks ago, my husband and I signed a new year lease (our original is up on August 31st and this would have taken us to August of 2010). After that, we had some issues with the complex which forced us to rethink our decision. I spoke to the property manager last Thursday and he agreed to let us go month-to-month until we figure out where we'll be moving (which we intend to do by the books-giving them 30 days notice as required).

My question is this: does the signing of the new month-to-month lease automatically void the prior lease that we signed or should I request something in writing that says the original is now null and void? Some of the things this management company has done makes me nervous, and I'm scared that they might try something shady.

I am in Indiana if that is pertinent.

Thanks for your help!
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Old 08-17-2009, 06:10 PM
 
Location: Fuquay Varina
6,102 posts, read 8,700,089 times
Reputation: 17192
It always pays to CYA! Ask for something in writing, then both parties are on the same page and should eliminate confusion or misunderstanding later.
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Old 08-17-2009, 06:26 PM
 
5 posts, read 42,730 times
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Quote:
Originally Posted by SVTLightning View Post
It always pays to CYA! Ask for something in writing, then both parties are on the same page and should eliminate confusion or misunderstanding later.

Thanks! Would something like this have a specific name I should ask for?
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Old 08-17-2009, 07:11 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,078 posts, read 27,097,982 times
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The new month to month begins September 1. The new terms of agreement can not begin until the old lease ends.
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Old 08-17-2009, 07:38 PM
 
5 posts, read 42,730 times
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Quote:
Originally Posted by virgode View Post
The new month to month begins September 1. The new terms of agreement can not begin until the old lease ends.

Thanks for your reply. I understand that that the month to month doesn't begin until September 1st. My question is regarding the fact that I signed a year lease and then signed a month-to-month (both with a start date of September 1st, 2009). I want to make sure that I can't be held to the 1st lease I signed (yearly) since the owner agreed to let me go month-to-month.
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Old 08-17-2009, 08:44 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,078 posts, read 27,097,982 times
Reputation: 18150
The most recent, which would be the month to month.
There didn't need to to be an additional contract, they
can be altered, as long as both parties are in agreement,
with revised date and signitures.

EDIT*
Good thing you realized you wanted month to month before September 1st,
after that point, you'd be stuck.

Last edited by virgode; 08-17-2009 at 09:20 PM.. Reason: typing/edit
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Old 08-18-2009, 06:00 AM
 
5 posts, read 42,730 times
Reputation: 10
Quote:
Originally Posted by virgode View Post
The most recent, which would be the month to month.
There didn't need to to be an additional contract, they
can be altered, as long as both parties are in agreement,
with revised date and signitures.

EDIT*
Good thing you realized you wanted month to month before September 1st,
after that point, you'd be stuck.
Ahh, that makes sense. My thinking was that I'd be obligated to the original since we'd both signed it. I'll make sure to get copies of the updated lease as soon as they get it to me. It should be today-they had issues figuring out the pricing-owner told me one thing and the leasing agent sent me another price. HOPEFULLY, it's all straightened out now and I should be getting the new lease today. I will definitely ensure we get it before September 1st.

Thanks!
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Old 08-18-2009, 02:07 PM
 
27,087 posts, read 44,371,351 times
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The previous lease conditions might still be in place, the only thing that changed might be the dates and that you can leave sooner since it is now a month to month lease and you need to give notice a month prior of leaving the place.

The rent might be higher since many places are having a different amount for a yr lease than a month to month lease....
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Old 08-18-2009, 02:14 PM
 
5 posts, read 42,730 times
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Quote:
Originally Posted by bentlebee View Post
The previous lease conditions might still be in place, the only thing that changed might be the dates and that you can leave sooner since it is now a month to month lease and you need to give notice a month prior of leaving the place.

The rent might be higher since many places are having a different amount for a yr lease than a month to month lease....

They're going to give me an amendment to our original lease (signed last year) to go month-to-month. They agreed to do it at the regular yearly rate since they've caused us much drama and stress (long story).
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Old 08-18-2009, 03:03 PM
 
8,647 posts, read 16,576,323 times
Reputation: 4618
Just have them write VOID and date it on the first lease and have them sign it under void and the date......
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