Lifetime lease

[Lifetl]

What is the name of your state? florida

My mom 78 had a lease saying Lifetime lease. It. Also said This lease is a lifetime lease as long as the rent increases 4% every year. This was in place for a few years. I was not on the lesse but the landlord knew I was living with my mom.

in 2020 the appartment was sold. My mom was tricked into signing a new lease. I signed it too. We had to mark every page.

Now the landlord infoms us that we will have to leave some time this year.
Our lease is month to month now! My mom never wanted to give up her lifetime lesse. The new lease does not say that the old one is not valid anymore. We can not pay a lawyer.

what can we do?

 

[Zigner]

What is the name of your state? florida

My mom 78 had a lease saying Lifetime lease. It. Also said This lease is a lifetime lease as long as the rent increases 4% every year. This was in place for a few years. I was not on the lesse but the landlord knew I was living with my mom.

in 2020 the appartment was sold. My mom was tricked into signing a new lease. I signed it too. We had to mark every page.

Now the landlord infoms us that we will have to leave some time this year.
Our lease is month to month now! My mom never wanted to give up her lifetime lesse. The new lease does not say that the old one is not valid anymore. We can not pay a lawyer.

what can we do?

I would suggest that you start looking for a new place to live...

 

[Lifetl]

Is there nothing we can do?

The old lease was $825, the new only $725. Can’t find anything for that price. All offers are 1200+

 

[Lifetl]

Tricking an old lady must be illegal

 

[Zigner]

Tricking an old lady must be illegal

There was no trickery involved. You also stated that you signed it as well and that you (both) "marked" every page (indicating that you had read and, presumably, understood it).

 

[Lifetl]

She said that she was told she had to sign it foe me to stay and she did not know she would give up her lifestime status.

 

[Just Blue]

Tricking an old lady must be illegal

How were you or your mother "tricked"? Didn't you bother to read the contract (lease) you signed?

 

[Zigner]

She said that she was told she had to sign it foe me to stay and she did not know she would give up her lifestime status.

So, she wasn't tricked...she made a choice.

 

[zddoodah]

My mom was tricked into signing a new lease.

"Tricked"? Unless you provide some facts relating to the signing of the new lease, I'm going to disregard the connotations of this word.

I signed it too.

Were you also "tricked"?

We had to mark every page.

Mark every page in what manner? Do you mean you initialed each page to indicate that you reviewed each page?

Now the landlord infoms us that we will have to leave some time this year.

Informed you how? In the absence of a proper notice to terminate the tenancy, the information is legally meaningless. However, you obviously should prepare yourselves to move.

Tricking an old lady must be illegal

"Tricking" is a vague term. Without FACTS, it's meaningless.

She said that she was told she had to sign it foe me to stay and she did not know she would give up her lifestime status.

Ok...so...your mother is 78, and I guess you expect us to assume that she's senile and unable to protect her own interests, but I'm not going to assume that. I know and have known a lot of 78-year olds who are completely lucid. Sharp as a tack. Probably more mentally sharp than I am. She "was told she had to sign [the new lease in order for you] to stay." Did she read the old lease to verify if that was true? It certainly could have been true. Did she (and you) read the new lease before signing to see if it was different than the old lease? If she and you did read it, did she and you understand it? If not, why did she and you sign?

My mom never wanted to give up her lifetime lesse.

Then why did she (and you) sign the new lease?

The new lease does not say that the old one is not valid anymore.

Does it say that something along the lines of the following: "The provisions in this Agreement constitute the entire agreement between the Parties and supersede all prior negotiations, agreements, representations and understandings regarding the subject matter of this Agreement"?

 

[adjusterjack]

We can not pay a lawyer.

Then look for a local legal aid office at least to have those documents reviewed.

 

[Taxing Matters]

what can we do?

You can go to a legal aid clinic or a law school legal clinic to see if she has any recourse here. That is generally free or at low cost.

But the reality is that once you sign a new lease the old lease is irrelevant as the new lease replaces it. Only if the new lease incorporated the old one (which is not common) would that old lease still have any effect. You both had the chance to read the lease before signing it. Did you? If you did, how did you miss that the lifetime lease provision wasn't in it? If neither of you read it, well, then now you know why you should always read any significant contract before signing it. I'm sorry you may be forced to move someplace else. Change gets harder for most people as they get older. Getting some advice from a therapist about how to make the change easier may be a good idea should you be forced to move.

 

[quincy]

What is the name of your state? florida

My mom 78 had a lease saying Lifetime lease. It. Also said This lease is a lifetime lease as long as the rent increases 4% every year. This was in place for a few years. I was not on the lesse but the landlord knew I was living with my mom.

in 2020 the appartment was sold. My mom was tricked into signing a new lease. I signed it too. We had to mark every page.

Now the landlord infoms us that we will have to leave some time this year.
Our lease is month to month now! My mom never wanted to give up her lifetime lesse. The new lease does not say that the old one is not valid anymore. We can not pay a lawyer.

what can we do?

Under what circumstances was your mother given a “lifetime lease?” What type of apartment has she been renting? Is it seniors only housing?

Here are links to Florida’s Department of Elder Affairs and to Florida’s Department of Elder Law, where your mother could find free or low cost legal assistance and other resources:

https://elderaffairs.org

https://law.elderaffairs.org

I recommend you and your mother have both the original lifetime lease and the new lease personally reviewed by an attorney. I have some concern about the changes made by the new landlord to the original lease - although I agree with the others that you and your mother erred in not reading and understanding the terms of the new lease prior to signing.

 

[Lifetl]

When the new owner bought the property he told the old owner that he would honor the lifetime lease. My mom was there.

we got the new lease with a letter saying this is your new lease. Nothing was explained. My mom was told before she needs a new lease as I was living with her - i am sick - but i was not on the lease. She was scarred.

we got a letter from the landlord that sometime this year we have to move out for construction. All others are alread renovated.

the landlord told the neighbor that the lifetime lease was illegal, with no witnesses. The new lease was less rent so he said if we pay the difference we can talk about it, but this is $200 per month since 2020!

this is no elderly place, just a normal apartment.

 

[quincy]

When the new owner bought the property he told the old owner that he would honor the lifetime lease. My mom was there.

we got the new lease with a letter saying this is your new lease. Nothing was explained. My mom was told before she needs a new lease as I was living with her - i am sick - but i was not on the lease. She was scarred.

we got a letter from the landlord that sometime this year we have to move out for construction. All others are alread renovated.

the landlord told the neighbor that the lifetime lease was illegal, with no witnesses. The new lease was less rent so he said if we pay the difference we can talk about it, but this is $200 per month since 2020!

this is no elderly place, just a normal apartment.

And is the construction story true? Will the apartment be undergoing renovation?

I recommend your mother speak to an elder law attorney. A personal review of the facts and the leases is necessary.

 

[Lifetl]

We are the last one they did not renovated. New kitchens and bathrooms. They ask a lot more rent. They also installed water meters