Friday, July 16, 2010

Rental lease?

i signed a lease with someone and shortly after found out the he had to give up the townhouse i rent from him and part of his divorce agreement to his x or soon to be x. I was never aware of any x of any kind when i signed the lease. His x-wife visited me and to introduce herself and told me that she would bring a new lease so we can sign. she never brought a lease. instead she mailed me a copy of the the old lease.she use white out (liquid paper) to erase her x husbands name and just wrote in her name and the name of her boyfriend on the lease. Is this still a leagal binging document? I'm asking because i recently told her I was moving to a bigger place and she said that was fine and that she would place ads for rent or sale. She called me last night and said that I under contact with her for 3 more months and if i move i still have to pay her 3 months rent. Is her claim legal??Rental lease?
Tell the psycho you are moving out, it sounds like she is trying to pull crap with you like with her ex husband... she can't just put white out over her ex husbands name and write on hers. You did not sign any lease with her and that is not legit what she did. I hope you have your copies of the original lease, and still saved the crap that she sent you... You would have to sign a New lease with her for her to be able to enforce what she wants.





You are however living there under the pretenses of the first contract, and for all you know you should still be sending payments to the ex husband. Usually leases will let you break them but with a fee and 30 days notice. I say read your contract that you originally sign and see what it says.





Regardless, the ex wife to have a legal contract with you needs to draw up a new one and sign it with you! I do not blame you for wanting the get the heck out of there! Read the lease, put in your notice, pay your cancelation fee, and get out of there as soon as possible!!!!Rental lease?
The lease isn't valid. You can move out because all parties need to initial the changes. And a changing of a landlord is a big change. I'd start packing and move out, because you have only 30 days to do so. Give them the notice in writing.





I'd also consult a lawyer about your security deposit. I don't think it's in their right to keep it since you are not breaking a valid and binding lease.
Leases do continue after a property is sold. It's a protection for the tenant. There is no need to sign a whole new lease, however, now you will probably have to because she tampered with the old one. She should have served you with an assignment of rent and a letter notifying that she is the new owner.
you didnt sign the lease with her, when one person edits or changes the lease all parties must consent. if u did not agree to changing her name on the lease than it is void and null. i would tell her since u didnt agree to those terms and resign a new lease as she suggested than u do not feel u should be held to the terms of the orignal lease since she violated. im sure no court will side with someone who stupidy whitedout the names and resigned over them. if they crossed the names out than it would only be valid with ur initials consenting to be ok.
There is no mess. It's the easiest thing in the world.





Your lease follows the house, whoever owns it, there is no need to sign a new one. In the same vein YOU are bound by the terms and if you want out early you need to negotiate. What does your lease say about terminating it?
if you didnt sign her lease you are not in a contract with her your old lease is null and void because the ex doesnt own the property any more ... if you signed it then it is still legal and you are stuckbut i would consult a lawyer ..
you can break the lease, but won't get your security deposit back. why don't you call and consult a lawyer for this situation, kinds sticky!!!
This is a mess. Is she claiming that your current lease is not valid? She may be able to argue that the ex did not have the authority to sign a lease since they were in the middle of a divorce and he knew that the townhouse was going to be transferred to her(this prevents him from signing a sweetheart lease which she has to honor). She may also argue that the townhouse was joint property and needed both of them to sign a legally binding lease with you(in other words, both owners have to sign the lease). In either event, it would appear that you do not have an enforceable contract. If you haven't signed a new lease with her it would seem that you don't have any obligation to her.


If you did sign the new lease then I think you have to honor it because it sounds legal to me(whiteout notwithstanding). I notice you haven't included a timeline in your story but I assume you are about 9 months into a one year lease. It sounds like you want to move and are looking for a way to terminate the lease without any liability so you are trying to nitpick the contract. Good luck!! I think you are going to need it.


There is another possible way of looking at this that may well be the best one. Since you have lived there for some time, you are a tenant and have some rights. If her divorce grants her the townhouse and that action cancels the old agreement or even if the old agreement was illegal to start with because it wasn't signed by all parties you should therefore have a month to month tenancy which you can end by giving her a 30 day, written notice. So, if you want to move, give her written notice and go.


There are too many ways to look at this--only a lawyer can straighten this out. The question uppermost in my mind is ';Does the old(maybe illegal) lease survive the divorce and change of ownership or doesn't it?'; If it survives then you must honor it. If it doesn't then you are on a month to month tenancy unless you sign a new lease.

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