New Landlord

[taylorjm]

What is the name of your state? Michigan

We are currently in a lease with a rental company in an apartment complex. The rental company listed on our lease is no longer in charge, and a new company has taken over. They want us to sign a new lease for the remaining term of the old lease. We would like to move to a new place, and told the new landlord that our agreement was with the old rental company, and no where in our lease does it say it transfers to a new company should they leave. The new rental company told us that even though it doesn't say that, the new lease does transfer to the new landlord, and we are still under the same terms as the old lease.

Is that true? Can a new landlord just assume the lease of a former landlord and require you to sign a lease with them? If the lease automatically transfers to the new landlord, then why should I have to sign a lease with them anyway? Doesn't make much sense to me. I would assume that since the landlord I made the lease with is no longer there, that my lease can/has been terminated and I should be free to leave. I didn't put up a security deposit, so I don't have anything to loose.

Thanks.

 

[michael parks]

Then why do you sign a lease???????

Its to protect BOTH sides from screwing each other.

YES a lease is tranferable at the closing AS WELL AS YOUR SECUIRTY DEPSOIT AND LAST MONTHS RENT!

The new owner has it....thats why you always keep your old leases and recipets.

You are under NO obligation to sign a new lease, UNLESS you want to...just make sure it states how much security and or last moth's rent you paid. BEFORE you sign it ...

and dont leave without a copy in your hands or you can be screwed again.


AHHHHHHHHHH no security depsoit..... thats it in the new lease you would have to come up with it or be evicted...

Stay with your old lease, and cover you azzz well if you choose to leave at the END of the lease... they will sue you for ever nick and stain since you have no deposit.

Give them a 30 day notice in writing before you pay the last months rent. and send a copy certified mail return reciept...

 

[taylorjm]

Um, ok, I have no idea what you are taking about. I don't think you understand what I'm saying has happened. I wasn't asking why to sign a lease, I know why to sign a lease, I was a landlord for 5 years. I was asking why I would have to sign a new lease with the new landlord.

And again, what makes the lease from the old landlord, automatically transfer to the new rental company? My lease doesn't say that its transferable, it says its with Company A, and noone else. There was no closing, a new management company took over the complex and is assuming the old leases and want us to sign a new one with them for the remainder.

As I said before, I didn't give them a security deposit, or a last months rent, so I have nothing that they will give back to me upon my leaving. And I have a copy of the original lease. So again, how can I be stuck in a lease with a company that is no longer the landlord?? How can this lease still be valid if the parties that signed it are no longer here?

Thanks.

 

[annefan1000]

If the old rental management company still has an active corporation or business status with your state, then you are under no obligation to "transfer" to the new management. If the property was actually transferred to the new management by sale and settlement of the property, then the lease is transferrable, whether it stated in the original or not. The only stipulation to the lease that the new owner has to abide by is the term of the lease (example, if you are still in your first year, if you are month to month, etc.)

This is the law in Pennsylvania. Check with your state law on this one too.

 

[taylorjm]

Now that response I understand completely. So, if I understand this correctly, if the owner decided to stop using the one rental company, and decided to hire a new company to manage the property, I wouldn't be stuck in the lease and could terminate it. But if the property was sold, then the lease is still valid.

Thanks

 

[JETX]

Ignore 'Parks'. He is just a forum troll who likes to stir things up and offer non-legal OPINIONS. He has been kicked off this forum many, many times but just can't take a hint.

And 'Anne' is just flat wrong.

So, lets set this straight.....

Q1) "We are currently in a lease with a rental company in an apartment complex. The rental company listed on our lease is no longer in charge, and a new company has taken over. They want us to sign a new lease for the remaining term of the old lease."
A1) You are not under any obligation to sign the 'new' lease, since your existing lease is still valid. Two principles here.... first, the old and new leasing parties (or firms) are agents for the same owner. As such, the current lease is still valid. Second, even if the owner has changed, your current lease is still in place and the new owner 'inherits' you with his purchase.

Q2) "We would like to move to a new place, and told the new landlord that our agreement was with the old rental company, and no where in our lease does it say it transfers to a new company should they leave. The new rental company told us that even though it doesn't say that, the new lease does transfer to the new landlord, and we are still under the same terms as the old lease. Is that true?"
A2) As noted in A1 above, they are correct...... your lease is still binding on you.... as it is them.

Q3) "Can a new landlord just assume the lease of a former landlord and require you to sign a lease with them? If the lease automatically transfers to the new landlord, then why should I have to sign a lease with them anyway? Doesn't make much sense to me. I would assume that since the landlord I made the lease with is no longer there, that my lease can/has been terminated and I should be free to leave. I didn't put up a security deposit, so I don't have anything to loose."
A3) See A1. All of these questions are answered there. Your current lease (with the former landlord/agent/owner) is still binding.

 

[taylorjm]

Thank you very much for your answer. It is greatly appreciated.

 

[JETX]

You are very welcome.

 

[annefan1000]

My answer was not "flat wrong". I stated, this is the statutes regarding the issue in PENNSYLVANIA.

Ciao

 

[JETX]

And why would you respond with ANYTHING from Pennsylvania when the question was clearly asked about Michigan???

Ergo, your PENNSYLVANIA response WAS 'flat out wrong' as for Michigan!

In fact, once I saw that your response was for the wrong state, I really didn't read it..... but now I have and I have some questions for YOU.

Your first statement is "If the old rental management company still has an active corporation or business status with your state, then you are under no obligation to "transfer" to the new management."

Your second statement seems to contradict (or at least confuse your first statement): "If the property was actually transferred to the new management by sale and settlement of the property, then the lease is transferrable, whether it stated in the original or not."

Q1) In your first statement, what are you saying has no obligation to 'transfer'?? It clearly isn't a lease, since your second statement says that a lease IS transferable.

Q2) Please provide some legal support for your statement where the status of the former 'rental management company' has to do with anything of the 'new management'.

Q3) What relevance does the 'old management company' have with an active corporation or business status. Management companies are only working as agents of the owners, so their past legal status is irrelevant.

 

[ahutchGA]

Clarification please

Georgia.

Several years ago, I was in a situation with several property managers for one complex. My husband and I were at an apt. complex that went through 3 property management companies in nearly 3 years.

PM3 never made us sign a new lease, and PM2's lease (they were there for 12 months exactly, the time of our lease) clearly spelled out a contract for Property Company. It didn't say "or other agent, etc, acting for OWNERSHIP."
We looked high and low for that clause, and couldn't find it.

We actually posted on this site, and were advised that since the clause wasn't there, we were free to move if we wanted (We did!)

So we wrote up a letter, stating our intention to move in 30 days, since PM3 was not binding on us.

We moved in June 2000, and have been much happier since!

Thanks for letting me share my story.

 

[annefan1000]

Arrogancy eludes me, sir. I said that I am stating the rules in PENNSYLVANIA. I gave my input in order to give the gentleman something to ponder then look up his own state's code.


My words:
If the old rental management company still has an active corporation or business status with your state, then you are under no obligation to "transfer" to the new management

Assuming the rental management company is still an active business, and the lease has no stipulation regarding transfer of the lease agreement, then the tenant would acknowledge only the person(s) named as Landlord/Rental Manager as the LESSOR.

My words: If the property was actually transferred to the new management by sale and settlement of the property, then the lease is transferrable, whether it stated in the original or not

Assuming the property was SOLD and there is a new owner (or broker for owner), then the lease is automatically transferred to the new owner/broker (without tenant's consent)

And again, I reiterated the end of my posting that this is the law in PENNSYLVANIA and suggested him to check the law in his state, they might be similar.

I am a PA licensed realtor, and formerly held a designation of Rental Management Broker. If you'd like the answer to your question #2, why don't you check the real estate laws concerning landlord/tenant in the Pennsylvania Assoc. of Realtors website for yourself, www.parealtor.org

If anything, I will apologize for posting a response, disregarding the State of origin. I had no idea that I was not permitted to post a response in this internet forum on the basis that it was from another state than my own. Mea culpa! At least I made the disclaimer about Pa and suggested he explore the laws in his own state.

Now I have one question for the illustrious tongue lashing Mr. Halket...do you find it a challenge to multi-task? (you seem to get around on the freeadvise forum, posting responses and advise to almost everything from landlord/tenant issues to general litigation)

Ciao

 

[taylorjm]

So, ahutchGA, this sounds just like our situation as well. The property company didn't give you any hassels about leaving? Did they give you your security deposit back?

 

[JETX]

In answer, no. Thanks for asking.
And it really isn't hard to be all-knowing!!

And, by the way... as such an expert in PA real estate, you still haven't cleared up your contradictory post.

 

[ahutchGA]

taylorjm...

No, the company didn't give us any hassles about leaving. If I remember correctly, the lawyer who gave us advice on this site told us kinda what to say.
In effect, because your new mgmt. company did not require us to sign a new lease, and the previous lease only affected the previous company, we will be out of the apartment in 30 days.

We never had a security deposit because we got a move-in special.

Hope this helps!

Good luck!