New owners

[gidge1258]

I moved from Washington, DC to Kansas City in November. I did not know if I would like it here or not. The apartment that we moved to did not offer leases less then one year, but they were a national company and if you wanted to you could switch to any of their other properties, without any penalties for breaking the lease. This was fine with us, so we signed the year's lease.
Here it is six months later, we hate it here and want to move back to DC. Only the propery was sold a few months ago and the new owners do not have any kind of deals set up to move else where. I spoke with someone at the rental office who said that if I moved out early I would be obligated to what the lease says for early termination, which is 30 days notice plus a termination fee equal to two months rent.
I want to know if my husband and I are still obligated to this lease. The property now has a different owner and a different name for the complex from that which we signed a lease for.

 

[Tracey]

Have you signed a new lease with the new owner? Double check your old lease to see if it has any clauses that transfer your obligations as tenant to the new owner. Even if it has such a clause, if you move to a building managed by the OLD company, the new owner has to let you do so without penalty.

If no such clause exists, you are a month-to-month tenant with respect to new owner. Check your state residential landlord tenant act to see if there's an unusual law that automatically transfers the lease to the new owner. (I didn't find any.)

Otherwise, give the proper notice to terminate a month to month tenancy and move. (30 days before next rent is due, in writing.) New owner will try to keep your security deposit, so make sure you know the security deposit return date. In most states, if landlord hasn't sent your deposit or a statement of charges by that time, landlord loses all ability to make any deductions from the deposit and must return 2-3 times the deposit.


The Kansas RLTA: http://www.hcci-ks.org/KTLAWhole.htm#58-2545

58-2554. Conveyance by landlord or termination by manager; notice; no liability for subsequent events. (a) Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, is relieved of liability under the rental agreement and this act as to events occurring subsequent to written notice to the tenant of the conveyance. However, such landlord remains liable to the tenant for any portion of a security deposit to which the tenant is entitled under K.S.A. 58-2550.

58-2546. Same; agreement not signed and delivered given effect by certain actions; limitation on term.
(a) ***
(b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to such tenant by the landlord, the knowing acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.


Missouri RLTA: http://www.moga.state.mo.us/STATUTES/C441.HTM




------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.