Tenant needs help PLEASE

[EdKam]

What is the name of your state?Virginia
My sister has been renting a property (town house) for over 3 years. It is managed by a property managing company. It is owned by a individual. She has had zero problems until the property management company recently assigned a new property manager in her area. The new property manager (female) is quite the twot. Nasty and wants to run over top of you like you have no rights at all. She has lied, deceived, and is generally not a nice person. The owner of said property wanted a rent increase. Which my sister fought but had no choice except to concede. Her old lease expired the end of April. She was given a new lease to sign and turn back into the management company by the end of April. She did so. However, the management company wants to cancel the new lease offer, saying the owner has changed her mind about offering another 1 year lease. She was not told anything about this until April 26th. The property management corporate office was supposed to be investigating allegations made by my sister regarding the unfair treatment she had complained about having to deal with this new property manager. The only motive that is foreseeable for the owner to attempt to recall the new lease offer is one of retaliation. No one knows what has been said to her as far as my sister is concerned. The owner may have been told a bunch of lies from this bullchit lady that doesn't want to get along with anyone. In Va. a new lease is given to you to sign and you return it to the property management company. It does not come pre-signed to you from anyone. They want your signature first, then it is signed by the owner and a copy is mailed to you. My sister is trying hard to fight this. She feels the new lease is a valid contract offer. If she cannot win, she must vacate within 60 days. My sister has always maintained the property very well. She cannot understand the owners motive, and if the owner can legally withdrawal a new lease offer. Anyone that can help-any comments would be appreciated. She has filed a complaint with her County consumer affairs department. However, they only mediate problems and not investigate. Under Virginia Laws the only actionable cause may in fact be to prove this is a retaliatory measure. This is illegal. PLEASE HELP.

 

[south]

Stating the tenant has always maintained the property very well is not doing the landlord a favor; it is what the tenant is supposed to be doing.

In this case the landlord has changed his mind about renewing the lease it’s their right to do so.

You stated they require you to sign first....any landlord that has his head screwed on knows not to sign a lease until the tenant has signed it first. Why? ... Because if a landlord signs first a tenant can easily add what ever they want or delete what ever they want then sign and copy the lease binding the landlord to what ever they wrote. Once you have signed it the landlord can check it to make sure nothing has been changed sign it then give you a copy.

As for the rest of your post re: retaliatory measures that is simply one long personal opinion of why you think the landlord does not want to renew after you being a tenant for 3 years, do not hold your breath with it.

What is the name of your state?Virginia
My sister has been renting a property (town house) for over 3 years. It is managed by a property managing company. It is owned by a individual. She has had zero problems until the property management company recently assigned a new property manager in her area. The new property manager (female) is quite the twot. Nasty and wants to run over top of you like you have no rights at all. She has lied, deceived, and is generally not a nice person. The owner of said property wanted a rent increase. Which my sister fought but had no choice except to concede. Her old lease expired the end of April. She was given a new lease to sign and turn back into the management company by the end of April. She did so. However, the management company wants to cancel the new lease offer, saying the owner has changed her mind about offering another 1 year lease. She was not told anything about this until April 26th. The property management corporate office was supposed to be investigating allegations made by my sister regarding the unfair treatment she had complained about having to deal with this new property manager. The only motive that is foreseeable for the owner to attempt to recall the new lease offer is one of retaliation. No one knows what has been said to her as far as my sister is concerned. The owner may have been told a bunch of lies from this bullchit lady that doesn't want to get along with anyone. In Va. a new lease is given to you to sign and you return it to the property management company. It does not come pre-signed to you from anyone. They want your signature first, then it is signed by the owner and a copy is mailed to you. My sister is trying hard to fight this. She feels the new lease is a valid contract offer. If she cannot win, she must vacate within 60 days. My sister has always maintained the property very well. She cannot understand the owners motive, and if the owner can legally withdrawal a new lease offer. Anyone that can help-any comments would be appreciated. She has filed a complaint with her County consumer affairs department. However, they only mediate problems and not investigate. Under Virginia Laws the only actionable cause may in fact be to prove this is a retaliatory measure. This is illegal. PLEASE HELP.

 

[EdKam]

A Landlord can also change a lease and return it to the tenant. There is no point. Fraud is fraud. Any altercations in a lease automatically voids the lease. What is the point? In this case a management company is the serving agent for the owner. Why would not an offer of renewal be as good as a verbal agreement? It is a lease, all that is required for a tenant to do is sign it and place it in the hands of a corporate agent. This is a normal way of transacting business in Virginia. An offer is a contract, both parties understand what each is getting.
Under what premise can a owner of a property rescind a new lease offer made by the serving agent? Can people sign a lease and 1 day later claim they made a mistake? No they cannot.

 

[EdKam]

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Someone out there has to have some knowledge of the law. This is pretty sad.

 

[itsacatsworld]

EdKam, the problemo is a persons property that someone else is using. Its their property and within the law can do what ever they want with THEIR property.The law gives the renter certain rights too but its the property owner who owns it not the renter...........what rights do you want a renter over a property owner to have?

 

[EdKam]

What right? When you are having a management company do the negotiating for you and you sit back and do nothing, I would say that you (the owner) are allowing a company to act as your agent on your behalf. This includes making decisions, most of which you are going to be ask to approve anyway. As was the issue with my sisters new yearly lease offer. It was a valid offer made by the management company on behalf of the owner ( in writing) and suddenly rescinded. The lease states 60 days notice is needed 60 days prior to the end of a old lease. Still I find NO legal help here.

 

[EdKam]

Very sad, I have yet to receive a educated response to my concerns. Just quite a lot of fluckshaking arm chair quarterbacking.

 

[south]

. .

A Landlord can also change a lease and return it to the tenant. There is no point. Fraud is fraud.
Prevention is better than cureAny altercations in a lease automatically voids the lease. What is the point? 'Its the landlords property he sets the rules for you to accept or not'
In this case a management company is the serving agent for the owner. Why would not an offer of renewal be as good as a verbal agreement?
'Its not a perfect world'
It is a lease, all that is required for a tenant to do is sign it and place it in the hands of a corporate agent. This is a normal way of transacting business in Virginia. An offer is a contract, both parties understand what each is getting.
And Both parties need to sign otherwise void
Under what premise can a owner of a property rescind a new lease offer made by the serving agent?
'Anytime before both parties have signed it'
Can people sign a lease and 1 day later claim they made a mistake? No they cannot.
'But they can sure change their minds if they have not endorsed/signed their portion of the contract'

 

[south]

You have heard answers just not the ones you like or want to hear, so here is a plain and simple easy to understand answer.

The landlord changed his mind and has not signed a new lease with you he wants you out, if you had changed your mind and not wanted to sign I am sure you would have been gone there for at this point move along soldier.

Very sad, I have yet to receive a educated response to my concerns. Just quite a lot of fluckshaking arm chair quarterbacking.

 

[EdKam]

Your argument might make sense, however a nationwide real estate corporation represents this owner. My sister has NO contact with the owner at all, she is not supposed to. Pay attention please.
When you hire a management company to act as your agent in a property rental, you are authorizing them to perform many tasks, including the introduction of a new lease offer. XYZ Corporation does not extend a new lease offer before consulting the owner. Her lease clearly states 60 days notification must be given by either party, 60 days prior to the end of the lease. Ergo, your argument holds NO WATER and your straight answer is crooked.
She complained about the new property manager through March and into early April. On April 6th the North East V/P of this corporation wrote her a letter stating she was going to have someone investigate her complaints. She next heard from another property manager on April 26th stating the owner has had a last second change of heart and is attempting to rescind the new lease, which was still turned in on April 30th (due date) in accordance with the new lease agreement.
Now, another question PLEASE: On her check for the May rent-She included the rent increase and put on the check notation section: First installation of new lease agreement. Now, if the property management company cashes that check are they not accepting the new lease offer?

 

[HomeGuru]

Your argument might make sense, however a nationwide real estate corporation represents this owner. My sister has NO contact with the owner at all, she is not supposed to. Pay attention please.
When you hire a management company to act as your agent in a property rental, you are authorizing them to perform many tasks, including the introduction of a new lease offer. XYZ Corporation does not extend a new lease offer before consulting the owner. Her lease clearly states 60 days notification must be given by either party, 60 days prior to the end of the lease. Ergo, your argument holds NO WATER and your straight answer is crooked.
She complained about the new property manager through March and into early April. On April 6th the North East V/P of this corporation wrote her a letter stating she was going to have someone investigate her complaints. She next heard from another property manager on April 26th stating the owner has had a last second change of heart and is attempting to rescind the new lease, which was still turned in on April 30th (due date) in accordance with the new lease agreement.
Now, another question PLEASE: On her check for the May rent-She included the rent increase and put on the check notation section: First installation of new lease agreement. Now, if the property management company cashes that check are they not accepting the new lease offer?

**A: I am geting a bit tired of reading your posts. Have your sister hire an attorney already.

 

[EdKam]

It does not take Nero Wolfe to deduce that you are in fact by your very own omission in a cationic state. If you have nothing to offer except ignorant statements please refrain from reading. Personally I am getting tired of the negativity and lack of legal advice, I read on these boards. I could get more of an answer if I posted on a supermarket bulletin board.
SOMEONE ANSWER ME PLEASE. DOES acceptance and cashing her check make the new lease a contract?

 

[longneck]

DOES acceptance and cashing her check make the new lease a contract?

no. in the absence of a FULLY EXECUTED written lease agreement (or a previously expired lease with an auto-renewal clause), that makes her a month to month tenant. in most states, that means the LL can give 30 days notice to terminate the lease if the unit was rented for less than a year, or 60 days if more than a year. wether or not the management company intended to sign the lease or not makes absolutely no difference whatsoever. annoying, yes, but still the cold hard truth.

now, if you think otherwise, go ahead and take the LL to court. if you win, we'd be interested to hear the judge's decision. but arguing here isn't going to change anyone's opinion of your situation.

 

[south]

Even if the landlord was represented by the President of the USA himself still does not escape the fact that the new contract needs signatures from both parties so your out of luck.

As for the check if its a rent check while you live there it can be cashed no matter what you stick in the memo field before or after it is cashed.

Its time to face the facts, blowing steam here will not get any more ink on the signature line than that is all ready there.

Boxes are a $1 a piece at U-Haul.

Your argument might make sense, however a nationwide real estate corporation represents this owner. My sister has NO contact with the owner at all, she is not supposed to. Pay attention please.
When you hire a management company to act as your agent in a property rental, you are authorizing them to perform many tasks, including the introduction of a new lease offer. XYZ Corporation does not extend a new lease offer before consulting the owner. Her lease clearly states 60 days notification must be given by either party, 60 days prior to the end of the lease. Ergo, your argument holds NO WATER and your straight answer is crooked.
She complained about the new property manager through March and into early April. On April 6th the North East V/P of this corporation wrote her a letter stating she was going to have someone investigate her complaints. She next heard from another property manager on April 26th stating the owner has had a last second change of heart and is attempting to rescind the new lease, which was still turned in on April 30th (due date) in accordance with the new lease agreement.
Now, another question PLEASE: On her check for the May rent-She included the rent increase and put on the check notation section: First installation of new lease agreement. Now, if the property management company cashes that check are they not accepting the new lease offer?

 

[EdKam]

Sincerely, I do not think many people are reading what has been written. In her lease (old one) and new lease offer it clearly states what MUST be done in this situation.
I quote directly from her rental agent the following: "Paragraph 16 indicates that if the lease is not going to be renewed, one of the parties must give 60 days notice to vacate, 60 days prior to the end of the lease on the 1st day of the month. Neither you nor the owner have given notice to vacate".....OK, therefore notification had to have been made on March 1, 2005. It was not until April 26, 2005, that anything about rescinding the new lease took place. B. They will NOT cash her check as indicated in previous board postings for the rent of April. Obviously they see the legal dilemma if they do.
So they are refusing payment as submitted. On what grounds are they going to eventually evict her on if the owner never signs the new lease? IMO they are directing this case to a judge. He is going to look at all the e-mails and see all the lies and deceptive attempts made. Proving retaliation is not going to be that hard.