lease contract

[kimsweet]

I have a question about lease contracts in fla.My sister and husband signed an apartment
lease in march 2000 with a company(archdale ?) that amoung other perks promised that if they ever needed to move during their lease period they could do so to any archdale property free of penalities.They do need to move now-and found out that archdale(whom the lease is signed with) no longer owns the complex and the new owners will not honor archdales promises.It will cost them approx.$5,000.00
in penalities.Do they have any rights?Can they fight this at all?

 

[peter]

How do you figue $5000? they owe the rent until it is rerented at the most an extra month, and any discount off the rent, mving expenses are not that much if you get your buddies to help?

So how do you figure $5000?

 

[kimsweet]

Figuring the 5,000 has nothing to do with the
question but if you need to know -they have to give 60 days notice which means 2 months rent 2800.00 <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR> 1 month penality 1,400 and 25% of remaining months total about 5000--But the question has nothing to do with that- it is about the rights that they are entitled to under the original contract and that they should be able to move to an affiliated complex free of penalities- Maybe you misunderstood the question? Originally posted by peter:
How do you figue $5000? they owe the rent until it is rerented at the most an extra month, and any discount off the rent, mving expenses are not that much if you get your buddies to help?

So how do you figure $5000?<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kimsweet:
I have a question about lease contracts in fla.My sister and husband signed an apartment
lease in march 2000 with a company(archdale ?) that amoung other perks promised that if they ever needed to move during their lease period they could do so to any archdale property free of penalities.They do need to move now-and found out that archdale(whom the lease is signed with) no longer owns the complex and the new owners will not honor archdales promises.It will cost them approx.$5,000.00
in penalities.Do they have any rights?Can they fight this at all?<HR></BLOCKQUOTE>

Was this perk/promise in writing? If not the new owner is not obligated. Does the old owner have any other property you can move to?

 

[kimsweet]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Was this perk/promise in writing? If not the new owner is not obligated. Does the old owner have any other property you can move to? <HR></BLOCKQUOTE>The perk is listed as one of the many benefits to moving to an Archstone owned property.My sister says its one of the first things you read while visiting their website and that she has a folder with all the benefits But those benefits are not written on the lease.It's called a relocation agreement and allows them to give 1 day notice to relocate to any of the archstone owned properties-free of costs and penalities.This was a major reason for why they picked this property.They had no idea archstone sold the property-until they tried to use this benefit-Archstone customer service says the new owners are under no obligation to honor the contract-but shouldn't that work both ways if my sister did not sign the lease with the new company-why should she have to honor the Archstones lease?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kimsweet:

Originally posted by HomeGuru:
Was this perk/promise in writing? If not the new owner is not obligated. Does the old owner have any other property you can move to? <HR></BLOCKQUOTE>The perk is listed as one of the many benefits to moving to an Archstone owned property.My sister says its one of the first things you read while visiting their website and that she has a folder with all the benefits But those benefits are not written on the lease.It's called a relocation agreement and allows them to give 1 day notice to relocate to any of the archstone owned properties-free of costs and penalities.This was a major reason for why they picked this property.They had no idea archstone sold the property-until they tried to use this benefit-Archstone customer service says the new owners are under no obligation to honor the contract-but shouldn't that work both ways if my sister did not sign the lease with the new company-why should she have to honor the Archstones lease?

It is not the same thing. If she has a lease with the old owners, both she and the new owners must honor the lease. The relocation deal is not a condition of the lease and was not in writng therefore the new owner is not bound to honor the agreement since there was no contract between the parties. The lease is governed by the State L/T laws whereas the relocation agreement is not.
She should have a real estate attorney review the relo agreeement to see if she has any rights once the property is sold.

 

[caliwestmom]

I am in a similar situation with Archstone. But it does say in their letter telling us it has been sold that the new owners agree to honor Archstone Rewards, and here's what's on their website:

If you suddenly see yourself moving across town or to a whole new city, we'll help you find an Archstone community that meets your needs. We'll transfer your deposit, and we'll set you up with a new apartment.
If you need to relocate, we'll facilitate it.

They didn't even give me a contact number for the new owners, and I can't find them in the phone book, or on the Internet. Our car was vandalized and stolen, and our storage broken into, and the manager's response was oh. Good luck.....