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Landlord fired mgmt company, is lease valid?

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random01

Junior Member
What is the name of your state (only U.S. law)? Indiana
To clarify something I should have done from the beginning I am the owner in these circumstances. This post is done from the tenant's perspective with questions that I as the owner would like to know whether or not there is any validity to. I do want to hear responses to these individual questions so that when i do speak with the tenant I can counter any arguments he presents.

Hello,

a. If my landlord fired the mgmt company that I signed with, and the landlord's name is not on the lease at all and the lease says my payments are to go to the mgmt. company's address can I claim that the lease is voided because it says nothing about transferability?

b. If the mgmt company didn't disclose that the mortgage on the property was in default at the time of the creating the lease (and the owner has documentation that the mgmt co. was aware of it but didn't tell me) can I sue the mgmt co. for negligence if I don't want to have to stay until the property eventually goes into foreclosure (assuming the loan is not brought current?)?

I don't want to pay rent if the property is in default and my 1-year lease will not last that long and although the property manager has been terminated I want them to return my deposit since my lease agreement was with them and not the owner. The signature line at the bottom lists their signature followed by: "[mgmt co name], Landlord/Owner"

Can I claim the lease is void and require the owner to guarantee me that my security deposit will be safe and that the property is current on its mortgage before signing a new agreement with him?

Can the owner sue me for the remaining amount of the lease if I claim that its a voided contract? Can I sue the mgmt co. for not disclosing the status of the mortgage (especially if the owner asked them to tell me that they (the owner) could only do a 6 month lease and they didn't pass the info to me?

Where do I stand on this lease and my security deposit?
thanks.What is the name of your state (only U.S. law)?
 
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so are you the landlord or tenant?

one posting has you as the landlord and this as the tenant. i would suggest you be honest or you'll not get the answers you want or any at all.
 

Alaska landlord

Senior Member
What is the name of your state (only U.S. law)? Indiana

Hello,

a. If my landlord fired the mgmt company that I signed with, and the landlord's name is not on the lease at all and the lease says my payments are to go to the mgmt. company's address can I claim that the lease is voided because it says nothing about transferability?

b. If the mgmt company didn't disclose that the mortgage on the property was in default at the time of the creating the lease (and the owner has documentation that the mgmt co. was aware of it but didn't tell me) can I sue the mgmt co. for negligence if I don't want to have to stay until the property eventually goes into foreclosure (assuming the loan is not brought current?)?

I don't want to pay rent if the property is in default and my 1-year lease will not last that long and although the property manager has been terminated I want them to return my deposit since my lease agreement was with them and not the owner. The signature line at the bottom lists their signature followed by: "[mgmt co name], Landlord/Owner"

Can I claim the lease is void and require the owner to guarantee me that my security deposit will be safe and that the property is current on its mortgage before signing a new agreement with him?

Can the owner sue me for the remaining amount of the lease if I claim that its a voided contract? Can I sue the mgmt co. for not disclosing the status of the mortgage (especially if the owner asked them to tell me that they (the owner) could only do a 6 month lease and they didn't pass the info to me?

Where do I stand on this lease and my security deposit?
thanks.What is the name of your state (only U.S. law)?
I thought is might be wise to copy your post just in case you deleted it.
 

>Charlotte<

Lurker
It is also not necessary to create multiple threads for the same question. More than one thread, posing as different parties--it looks like you're fishing to see if you get different answers.
 

Cvillecpm

Senior Member
Yes - the lease is still in effect and the owner's "firing" the management company is subject to the terms and conditions of the written management agreement BETWEEN them.
 

random01

Junior Member
Hello everyone,

I am the owner in these circumstances, I posted it separately to give the best viewpoint of the tenant. As you can see it looks a bit different from his eyes.

I know full well my name shows at the beginning of the thread. Also, I did not try to hide the similarities at all. I could have created a whole new name and posted it but I am not trying to hide it, but merely structure the questions and concerns from the tenant's view as best possible to make sure there is not some legitimate reason for my lease to be voided.

I also wanted answers addressing the issues from his perspective. Especially considering that the questions I have from my end are numerous on their own. And yes, I am fishing for a possible different response. If I am not thorough or try to get info just from my perspective I may overlook something. I do want to find out other's perspective on my various points and to lump them all in one post would possibly result in one question being answered and the others overlooked.

Again, this forum has been extremely helpful and I appreciate the input from those responding.
 
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random01

Junior Member
Does anyone have any additional thoughts on this issue? Although my attorney (I am the owner remember) has not had the chance to review my lease agreement and get back to me I just sent my tenant a notice informing him that if the rent is not received on January 1st a notice to pay rent or quit will be sent out.

thanks
 

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