• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

lease not renewed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tpal

Guest
What is the name of your state? virginia
if a rental lease is not initialed on every page by the landlord and the tenants is it still a valid lease?
 


T

tpal

Guest
lease was not initialed on all the pages i was told this makes the lease not legal - landlord trying to sue for a years rent -
 
L

louiebingo

Guest
lets play 100 questions:

why do you think the landlord is suing for a years rent?

how much rent do you owe? did you break the lease?

only 97 to go unless you explain the whole situation.
 
T

tpal

Guest
ok they said be breif but here we go. rented house in oct 97 with realter a in may 99 realter b took over rented for 3 more years, new realter sent a new lease at end of sept. 2001, did not renew sent a letter to realter moving buying a house gave 30 days notice, they kept my deposit. moved end of november 2001- got letter from homeowners lawyer they want money. they sent copy of origional 97 lease but the lease was not initialed on all of the pages by the tenants. they rerented the house in march 2002.
 
L

louiebingo

Guest
this is why lawyers cost so much money, you have to pull teeth with a client to get the details in the exact order they happened.


What day exactly did the lease end? Oct xx?
The relator sent the new lease on sept xx?
What happend after you stayed past the last day of the lease? did you pay novemebers rent?

You still have a copy of the 30 day notice, and what day did you say you were going to move out? They kept your deposit, did they make any accounting of it in writing?
 
Last edited:

HomeGuru

Senior Member
tpal said:
What is the name of your state? virginia
if a rental lease is not initialed on every page by the landlord and the tenants is it still a valid lease?
**A: yes, the lease is still valid provided there was acceptance by both parties via their signatures on the last page or somewhere in the lease.
 

JETX

Senior Member
Okay, lets try bringing this together....

"if a rental lease is not initialed on every page by the landlord and the tenants is it still a valid lease?"
*** Yes.

"lease was not initialed on all the pages i was told this makes the lease not legal"
*** Whoever told you this is wrong.

"ok they said be breif but here we go. rented house in oct 97 with realter a in may 99 realter b took over rented for 3 more years,"
*** Got you so far..... 3 year lease signed in May 99, would be valid until May 2002.

"new realter sent a new lease at end of sept. 2001, did not renew"
*** OKay, so far, you have rejected lease extension past obligation until May 2002.

"sent a letter to realter moving buying a house gave 30 days notice, they kept my deposit. moved end of november 2001"
*** Okay, here is your first problem. If the above is correct, your lease obligation ran until May 2002. You moved in Nov 2001. That is breach of the lease.

"got letter from homeowners lawyer they want money."
*** How much are they asking for? and for what months?? How much damages? What was the deposit??

"they sent copy of origional 97 lease but the lease was not initialed on all of the pages by the tenants. they rerented the house in march 2002."
*** On your breach in Nov 2001, the landlord has an obligation to 'mitigate' his damages. That means that he MUST make a reasonable effort to re-lease the property on your breach. The problem you are going to have is..... showing that they did NOT make that reasonable attempt.

"lease was not signed by the landlords"
*** That could and would be very easily remedied simply by having them sign it..... thereby making it binding.

Summary:
1) Deposit. How much? What damages did you leave to be deducted from the deposit?? Did you owe ANY rent, late fees, penalties when you left? Did the landlord send a statement of the deposit account within 21 days of your vacating premises?

2) Demand for unpaid rent. At this point, I would simply ask them to provide proof that they tried to mitigate the breach.
 
T

tpal

Guest
no one i did not accept the lease i sent a certified letter telling the realter i was moving paid rent through november
dec house sat empty jan and feb they rentovated house new vinyl siding replacement windows and a new roof rented out in march landlord sueing for 8000.00 plus attorneys fees 2000.00 deposit was 650.00 and no i did not get a letter from landlord or real estate co after i moved except for late notices to pay rent
 
Last edited:
L

louiebingo

Guest
Ok now we get the time line narrowed, december it sat empty, you could be liable for decembers rent. Next you have to find the contractor who rennovated the home, and get a statement from them of the dates, because once the landlord took the house off the active rental market, by rennovating it, your obligation to the lease ends.

So when exactly did your lease end? may 2002?

So you have a claim for double the security deposit since they didnot legally notify you of the damages in writing and why they were not returning it, and they probably have a claim for decembers rent and part of january's till they started the rennovations....

So it looks like you and the landlord are pretty much even as to who owes who.

Now you need to get all the paperwork in order to defend yourself.
 
Last edited:
T

tpal

Guest
the lease was for oct thru sept i did not have a 3 year lease it was a year to year lease i did not get a new lease for 1999 or 2000 the the only lease i had was 1997 and did not get another lease to sign until 2001
 
Last edited:

Erik2003

Member
Well this was painful reading.

If they rerented the house in March of 2002, why on earth would they wait a whole year to come after you?
 
T

tpal

Guest
im sorry i do not know anything about this legal stuff. i dont know why they waited so long, this is why i am talking to you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top