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Rental Agreement Changed

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Terri22

Guest
My landlord offered to move me to a new apartment building that he owned because of noisey neighbors in my current apartment building. He told me that the lease was completely the same and that only the address would change. He didn't have it typed up so I signed the back page and trusted him to fill in the rest later. Now he's trying to say that my lease began when I moved to the new apartment, instead of when I first signed the lease. I signed a 12 month lease with this landlord and he wants to make it a 15 month lease. He's also claiming that I didn't pay my pet deposit, even though I did and have the cancelled check to prove it. It wouldn't be such a big deal if I hadn't already signed a new lease because I don't want to renew with this owner. Is the second lease valid, even with the wrong deposit info and dates?
 


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Tracey

Guest
Whether you started a new year lease over or merely changed the address of your old lease is not clear. On the one hand, L told you "everything would be exactly the same except the address." This implies that the original dates & pet deposit transfer over. On the other hand, the new lease specifies that it runs for a year. You made a mistake when you signed the back page of the lease without even seeing the first pages. You'd have caught these problems & wouldn't be writing us now. If both of you honestly believe your interpretation is correct, then you never had a meeting of the minds & never entered into a contract at all. Thus, you'd have no written lease & would be a month-to-month tenant who could leave on a month's notice.

I tend to think that the old lease dates apply. L had a duty under the old lease to protect your right of quiet enjoyment of your apt. When you complained of noisy neighbors, L had 2 choices: solve the problem or be in breach of the lease. L's solution was to move YOU instead of the neighbors. As this move was intended to prevent L from breaching the old lease, it is likely that L was giving you the new apt for the remainder of your term at the old place. Otherwise, L will owe you damages for breaching the old lease (& you can sue L to collect). L probably just made a msitake when he filled in the termination date & will be all too willing to correct it (in writing) when you point out all the ways L has screwed himself.

Also, since the new apt is a substitute, the deposits should transfer over to the new place. If the new lease is not a continuation of the old lease, then L had to send you a statement of deductions from the deposit within 30 days or L owes you a double refund. [Ohio Code, § 3733.18 Security deposit] If you point this out to L (AFTER the 30 days has passed), L has to back down or he's shot himself in the foot! By waiting until the full 30 days has passed, you give L every opportunity to behave in a fashion consistent with a mutual agreement to terminate the old lease & enter into a new lease.

You can also argue that the lease was unconscionable, since L insisted you sign the back page without allowing you to see the rest of the lease. If L's actions were unconscionable, the lease is void.

Talk to L & ask him if he wants to acknowledge that the old lease dates carry over, or if he wants you to sue his ass.

Regarding the pet deposit check: you have a cancelled check as a receipt. Send L a copy & tell him you're not paying the deposit twice. (Again, if L is going to require a new deposit, he has to return your old deposit within 30 days or pay double.) It would be even better if you have a receipt from L that calls the money the pet deposit, or if the old lease notes that the deposit was paid.

Good luck.

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

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