lapse of time? Is this legal?

[fiance-in-the-middle]

State of Connecticut: I moved in to my apartment in May 2001 and signed a year lease which would expire in June 2002. The property was sold on June 29, 2001 and the new owner came to my house on July 1 to introduce himself and asked me to sign a new lwase and if i had the July rent. This was the first time I ever met this guy and the first that I heard the property was sold. At this time I had a puppy, which was a verbal agreement with the previous owner, my original lease stated no pets. When the new owner arrived at my house he sat at my kitchen table and explained that myself and my fiance had to sign a new lwase and he told us that we had to get rid of the dog. He caught us off guard and we tried to explain that the dog has been on the premise since before the property was sold BUT due to the old lease stating no pets and us never getting it in writing from the old landlord we were in breach of contract. We told him that we were not going to sign a lease just yet because we were not sure if we were going to find a new home for the dog or all of us. He "adviced" me that the best bet would be to sign a month-to-month lease until we made a decision and he said that he would give us "ampil" time to figure this out. We signed the month-to month lease and handed a check over for the rent. He cashed my rent check on June 12 and filed an eviction on July 18 for lapse of time and unauthorized dog on premises. When we received the notice to quit on July 20 we knew that we had to get rid of the dog or else it would cost us our home so we did. There is no longer a pet on the premises. I called to let him know and ask if everything would be okay now that I don't have the dog he proceded to tell me that my lease expired and that he is going through the eviction for that reason. First of all, I have a 6 year old son that will be starting 1st grade in Sept. who has just moved from New York and is just getting comfortable in this town I don't want to uprrot him. Second, Shouldn't my original lease have transfered over to the new owner?? And if so, does that no longer stand because I signed the month-to-month with this guy?? I am going to file the paperwork at housing court today so if any one has any quick advice please forward it. Thanks!!

 

[happylucky]

Good luck..but i think you screwed yourself on this one..

YOu should have NEVER signed the lease, since that will take precident in court....and You should have never gotten rid of the dog either..

And yes the old lease and security depoit gets transferred to the new owner, but you have a newer lease!

This is what court is for..... and you may get lucky and a judge might throw out the new lease, becuse you have a child starting school, but then again it is newer and you DID sign it..

You should also check with the city county clerk and see who owns the building, there is a slight chance the new owner may not be on the deed...

 

[fiance-in-the-middle]

So that is legal? I never was informed of my rights when the property was sold? I live in a tri-plex and he did the same thing for each apt. He made everyone sign a month-to month and then filed eviction on everyone. What I mean by made is that he told us one by one that if we did not sign a lease with in 48 hours that we would be on the property without one and that would be terms for an eviction. I know that because it is a "without cause" eviction that i can ask the judge for a max. of 6 months on the property. Do you think I have any chances of staying out the lease? Thanks - Kim

 

[happylucky]

You get all the tenants to file harassment charges against the landlord and a judge will probably force him to honor the old leases.....

What he did is questionable, and probably illegal.. you would be in a better position if you didnt sign anything.

A judge is gonna ask why you didnt seek the advice of a lawyer first? what will you answer...duh i didnt know?

 

[fiance-in-the-middle]

Duh, I don't know would not be the right answer, right? Just kidding. Honestly, he told me that if I did not sign the lease I would be in the wrong and I would be on the property with out consent. I have never had to consultant a lawyer before I signed a lease. I honestly never would have thought this guy would be an a**h**e. I have a six year old and would never want to risk the fact that he said I would be on the property without consent and that would be grounds for eviction. I thought if I signed it that he would have no grounds for eviction but instead it turned out to be the opposite. Do you know if there are any laws on how long you can stay on sold property without signing a lease. I would have to sign a lease with his name on it because he is the new owner, right? This guy is a real peice of work, he has not even come around after the evictions were processed to mow the lawn. He is a very respectable person and I am afraid that the courts might not look past that. I tried looking for other apartments because I feel that even if I do win in court the situation will be weird after but every apt. asks to speak to your landlord and I think he blacklisted me. He can't demolish my rep. can he. I mean I have never been late on my rent, with the old owners and I have a well respected job but now I have this stupid eviction under my belt for no reason. I just don't see the legal side of this all??? Let me know if you have any ideas, Thanks -

 

[JETX]

It sounds like you basically got 'flim-flammed', but you are now in deep do.

Here is the situation:
1) You had a valid one year lease, good until June 2002. When the new buyer purchased the house, he also purchased your lease and was required to abide by it.
2) He came by (probably NOT to 'introduce' himself as claimed), since he apparently just happened to be carrying a new lease with him (??). While there to 'con' you into signing a new lease (and thereby voiding the old one), he saw your dog.
3) Big mistake on your part to have the dog which was a clear violation of the lease. Any 'verbal' agreements to the contrary.
4) You fell for his 'con' and signed a new lease on a month-to-month basis, thereby losing ANY protection afforded you by the 12 month lease.
I seriously doubt any judge would simply find to void the new lease without some substantial basis. (See below).

Now, with those facts out of the way, lets try to answer your latest questions.

Q1) "I have a six year old and would never want to risk the fact that he said I would be on the property without consent and that would be grounds for eviction."
A1) Sorry, but what makes your having a six year old relevant?? Cons happen all the time and even to the best of people.

Q2) "I thought if I signed it that he would have no grounds for eviction but instead it turned out to be the opposite."
A2) Yep, you actually gave away your rights when you fell for his 'need to sign a new lease' con.
Your old lease was perfectly valid.

Q3) "Do you know if there are any laws on how long you can stay on sold property without signing a lease."
A3) If you have an existing valid lease at the time of the sale, that lease is binding on the new owner as the old.

Q4) "I would have to sign a lease with his name on it because he is the new owner, right?"
A4) No. All you would have to do would be to make the payments to the new owner at the correct address. This could simply be done by the old owner direction in writing.

Q5) "This guy is a real peice of work, he has not even come around after the evictions were processed to mow the lawn."
A5) Of course he is maintaining the property. He very possibly has the new tenants already lined up at a higher rent.

Q6) "I tried looking for other apartments because I feel that even if I do win in court the situation will be weird after but every apt. asks to speak to your landlord and I think he blacklisted me."
A6) Simply give your OLD landlord as the reference. It might also help if you could get a reference letter from the old landlord. That plus an explanation of the situation should help find your new place.

Q7) "He can't demolish my rep. can he."
A7) No. He must report facts only. If the facts are damaging, then it is not defamation.

As I see it, you are really in a no win situation. You can fight to stay, and if you win, I am sure there will be future repercussions with the landlord. I would suggest that you sit down and WRITE out your complaint. Try to recall EXACTLY what was said to you and how it was said. Did he tell you that you needed a new lease?? Did he say it was needed to 'get his name on it'??? Try to remember all the reasons he gave you in coercing you to sign a new lease. And then, if you do decide to challenge his action, these might help the court see that you were coerced and could help in getting the new lease tossed. And get the other tenants to do the same. If all three of you tell the same story of coercion by the 'new' owner, it could certainly show the pattern of abuse.

Best of luck... and let us know how this ends up.

 

[happylucky]

I would add that here in NY and i hope in most states.... a new owner takes the property and all its encumbrances, yes that includes pets even if you have a no pet clause!

But what new owners do is in the NEW lease add a no pet clause......then Its YOUR CHOICE to get rid of the pet or move.

the logic is: If the new owner wanted to buy the property that badly then the owner has to accept it AS IS.......including leases and pets.

--------IMPORTANT-------------

You must go and find out if the house was really sold and find out whos name is on the deed...

The "new" owner could be scamming you as well, it might be the old owners bubba!

And only the real owner can evict you!

 

[dawnybird]

hi fitm its me, not to get off subject but what happened about the visitation??

 

[fiance-in-the-middle]

sorry it took so long to reply, i was out of the state. well as for the housing situation we have a court hearing this wend. so i will let you know the out come. and as for the visits dawny - woah has there been so much going on. let me know if there is somewhere else we can talk. i don't want to have the twp posts cross with each other.... thanks - kim

 

[fiance-in-the-middle]

UPDATE!!!!

We won. Yup, you heard right. We went to housing court on Wedn. and we had our mediation first. When we sat down it was the landlord, his wife, the mediator, Nelson and I. The first question they asked was are you planning on leaving? I answered "no" and there we went. I explained the situation on how I did not know that I had a right not to sign the new lease. They asked my landlord what their intentions were the day that they went to our house. His wife said that they went there to introduce themselves and to have everyone sign a year lease. So the med. asked this one little questions that upset my landlord.... "If you intentions were to keep all the tenants then why 18 days after they signed a lease which you asked them to did you file for eviction?" She said that they might want to move into the apartment, which we all know is a lie. Well, the med. asked the landlords to leave so that she could speak to us first. She explained that what they did might be "wring" but it is not illegal. As an adult I should know that I have rights not to sign any contracts without an attorney if I feel one is needed. I showed her the pictures of all the work that Nelson and I have doneand explained that we don't want to stay past our original lease term but we really feel that we should be able to stay until then granted that we live by our lease terms. She said that she would speak to the landlords and explain to them that if we were to get onfront of a judge that we will have a case that would stand up in court and that because it is a lapse of time (no cause) evication, which mind you judges look down on those kind that we have a good chance of our 6 month execution to be granted and then from there we could ask to have a 2 month extension added due to the school year ending. (My lease would end in June and school ends in June) So one way or another we had a very good chance of staying through out the lease, which is all I wanted. Well, the med. spoke with the landlords and then asked to us to join them. They agreed to let us stay through the end of our lease granted we hold to all of original terms, which is fine. Yeah!!! I don't have to move... at least not until 2002!!! Best of luck to everyone else......

 

[happy&lucky]

We are ALL Glad everything turned out right.

PLEASE.... pay your rent on time and get a reciept, so they will have no excuse to try this krap again.

Also maybe the other tenants should do the same as you. and now you know a lease is a lease...PERIOD! And if EITHER side wants to break it they will have to pay penalties to the other side.....

But you went in with the right attiude, you felt you were scammed and just wanted the landlord to honor the old lease, you didnt ask for damages or for a rent reduction, and you had PICTURES!!!! All you wanted was the old lease to be upheld, and the mediator WAS RIGHT, it is NOT illegal, just very dirty and underhanded.

So you presented a much better case then the landlord, and WON!!!!

 

[fiance-in-the-middle]

Oh yeah, that was a stipulation of the court agreement. If my rent is not past marked (I send it) by the 10th of each month then the landlord has the legal right to go to the courts and file for a breach of court order and have us out, by a sheriff within 5 days. I am not worried about that, I have never not paid my rent. And my advice to everyone is, DON"T sign anything if you are unsure. There is no legal time limit that you have to sign a lease. And if a new landlord is your problem and they want you to move out they have to buy you out of your lease which means they have to pay you the remander ofyour lease agreement. I wish I knew all this before...but thats what they say - you learn from your mistakes, ooppss. Thanks for all your support!

 

[happy&lucky]

Well Fiance in the middle....you have learned a very valuble lesson here...

YOU are an AMERICAN and by living in this country have a right to a fair hearing in a court of law, and YOU pay taxes so why shouldnt you use the Government services when you really need it?

Also most landlords will not buy out the lease, just as tenants are not expected to pay till the end of the lease if it is broken...

What usually happens is a landlord has to mitigate damages and has to re rent asap, so the tenant is responsible for all the days it is empty plus rerenting costs......

If the landlord wants to break the lease the tenant will usually ask for ALL moving expenses you would hire a moving company and not do it yourself or bother your friends and rent a U-HAUL!, plus ALL your security back and at least 1/2 to a month of Free rent so you dont pay for 2 places at the same time....

Thats usually the deal most people can get away with.

 

[fiance-in-the-middle]

You got it, thats what they explain to us. Gee, I wish I knew this place exsisted when I first was faced with him. Thanks again - happy

 

[JETX]

Well done!

And it sounds like you got yourself some good solid education about contracts at the same time.

You should be proud.