Apartments for Cheap

Questions and Answers

Your Questions About Apartment Lease Contract

February 22, 2013

Chris asks…

Apartment lease contract question?

I have a lease contract of 12 months and I’m already on my 5th month of the lease. When I signed the contract it was with another management company. Now a new company took over and I was wondering now that its a different company can I break my lease without paying? Because I mean the company I signed the lease with aren’t the owners of the complex anymore.
Thanks.

Administrator answers:

The fact that your apartment has different management does not affect your lease. Even if the property were sold, your lease would survive the sale until it expires. If you want to break your lease, contact the management and ask what it would take.

Daniel asks…

My onsite manager want to charge me $50 to renew my current apartment unit lease contract, is that legal?

1. he said that it is an adminstration fees, he charged this to every unit in the apartment, and I am living in Brisbane, Queensland. my friend says that it may be illegal, is that true?

2. the manager also charged my friend (living in the same building) for $30 for openeing the door using his master key(he forgot to bring keys when dropping rubbish downstairs), is that legal?

3. if it is illegal, which organisation can help us? RTA?

Administrator answers:

1. Check your lease agreement. He can call it admin fee, but if it is not stated in the lease agreement, it is not legal.

2. Property managers call it “trip charge” but it should be only applied if there are rapairs that needs to de done on your unit. Again, this should be in your lease agreement. If it is not, it is illegal.

3. I wouldn’t renew my lease if this things are happening in your complex. You can fight it, you can win, but then again, you are living in the same complex, the manager can find a reason to kick you out and possibly accuse you of anything to hurt your credit, just to get back at you..

Think it over… Harder.

George asks…

Apartment lease contract help?

I don’t want to get into a ton of detail because it’s an extremely long and complicated issue, but I basically need to draft up a legal contract. It should be really short and to the point, and basically just explain that my roommate will not be paying his half of the rent for the duration of our lease, until August 2011. We are making our own contract aside from keeping both of our names on the lease. Does anyone have any examples of what I may draft up? I’m basically looking for any legal jargon I may need to add.

Thanks!

Administrator answers:

Your landlord doesn’t give two figs what you and your roommate agree to. He only wants the full amount every month. If he doesn’t get it he evicts everyone and sues everyone for the full amount owed.

If this doesn’t answer your question then restate it with the basic facts. Job loss, broken relation ships, other debt, drinking habits and sexual escapades don’t figure in. Just the basic financial facts will do.

Thomas asks…

How do i get out of my apartment lease or contract.?

I have 9 months to go and I want out.

Administrator answers:

Read the lease that you signed and it will give you the penalties for early termination. You can always try to negotiate these with the landlord but he is under no legal requirement to do so. In the future you may be better off paying a little more for a month to month contract if you are picky or plan on moving around a lot.

Helen asks…

apartment lease contract…?

does my apartment lease contract have to be the most recently revised edition to be a legally binding document. i live in texas.

Administrator answers:

Texas Tenant Advisor:

http://www.texastenant.org/

Ken asks…

What is the legal age in NY to sign a contract -ie: apartment lease?

My daughter is 18 and moved in with a roommate last month and th ings have gone sour but they both put their names on the lease. I need to know if she has a legal loophole to climb out of but I’m a CT resident and don’t know where to go to find this answer. Any help would be appreciated.

Administrator answers:

I don’t think you have a way out with the age unless she lacks mental capacity. This has to be quite serious. However, there are some legal protections for tenants who break leases as to how much they need to pay as a result.

What does the lease say? A Court very well might reject an attempt to enforce a clause that says your daughter and her girlfriend have to pay for rent for the whole term of the lease.

Generally a landlord must attempt to re rent the apartment and only charge his actual monetary losses. Have an attorney look over the lease. Good Luck. Doesn’t sound like the end of the world.

Sandra asks…

My Apartment Lease Contract Says $0.00 Security Deposit but they want 1 Months rent?

I applied for an apartment at the beginning of August with a move-in date of August 26, 2011, in Newport News, Virginia. At that time I was told I was approved for an apartment, with a 1 month security deposit. A few days prior to moving in, I went in to check and make sure everything was in order with my power, insurance, etc. and they informed me that it was and that all I needed to bring on the 26th was my prorated amount for the remaining month of August and the September rent. At that time, I had remembered they had said initially that I owed a security deposit, and I did not know if maybe they were currently running a special so I did not question the amount and decided to wait and see what the lease stated when I signed it on my move in day.

On August 26, 2011 I go into the office in the morning and sign all the lease papers. On Page 1, Chapter 4, it reads EXACTLY:
“SECURITY DEPOSIT. Unless modified by addenda, the total security deposit at the time of execution of this Lease Contract for all residents in the apartment is $0.00, due on or before the date this Lease Contract is signed.”

The “apartment manager”, I do not believe she is actually a manager, just the title, who was working with me also stated I would NOT need to pay anything again until October 3rd, which Rent is due on the 1st with the 3 day grace period. Stating this, implying that what I paid was my August peroration and September rent. I received a phone call on September 4th from the apartment office asking me when I was coming to pay the rent. I explained that I already had paid and she instructed me to come in on the 6th to speak to the Manager, who was the boss of the initial person I worked with.

When I come in on the 6th, the person I had worked with made me a copy of my lease and I have in hand now, and when I explained to her what happened, she said she would get the Apartment Manager to try to get rid of the security deposit all together since it was her mistake. The Apartment Manager was very rude and would not help at all. I told her that I did not know if they had been running a special, and since I assumed I no longer owed it, I spent the money on additional furniture and no longer had the money for the deposit. She asked if I had received the welcome letter a month earlier, and I said yes. She asked if I had read it and I said yes. She then told me that I should have been fully aware of what I owed and am responsible for the payment. I then asked her if she had read the lease before she signed it and told her that she should have been fully aware of it before she signed it.

She states that it was human error and a typo and that I still HAVE to pay it. I asked her if a welcome letter would trump a binding lease contract in court, and she ignored me and continued on about it being a typo and that I had to pay it.

My question is, am I correct in assuming that they can NOT evict me or charge me any penalties if I choose to continue paying rent on time and ignore the security deposit? The lease states that if a delinquency is on the account, as it will show until this matter is resolved, they WILL NOT accept any partial payments, meaning they will refuse my rent payment without the security deposit with it.

I really don’t want to sit around and wait to start an eviction process to defend myself in court, and I can not pay the security deposit now and the upcoming rent. Is there any legal action or action at all that I can take to preemptively address this matter in a lawful fashion. I can not find any phone numbers to anyone higher than the person I spoke to and she will not tell me anything either.

If anyone has any responses, references or legal codes would be greatly appreciated.
Yes I have receipts of the money orders, and the Apartments are Jefferson Point Apartments. The property Owners I believe are RAM, but I haven’t been able to find out more info on them or a website, or contact info.

Administrator answers:

You are on the right side of things. The only way to preempt it will be to go over the property manager’s head. See if you can find out the regional managers contact information. What company manages that site?

Make sure you maintain copies or receipts of all payments made. I assume you had to pay first month with money order or cashier’s check?

Also maintain you copy of the lease.

I can’t give you legal code off the top of my head, but you entered a contract under those terms, if it is signed by both parties, you and the community, the contract cannot be changed without both parties permission.

Richard asks…

Is my apartment lease contract void?

I have lived at my apartments for almost a year and my first lease was only 6 mos which was fulfilled in January 2010. But I decided I was going to stay and my room mate and I were going to sign a 12 month but I went in and signed it but he never did, he no longer lives there. Does that mean my lease is void because they put him on there and he didn’t sign so its incomplete? Or can they still hold me responsible since I did sign?

Administrator answers:

It is void for him. He is not liable.

You however did agree to the terms and sign, it is valid for you.

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