Trapped

[AxMtn]

Louisville,KY
I’ve been living in my apartment for six months. When my original six month lease ended, I decided to renew instead of moving out, which was my original plan. I signed my new lease on the 21st of July. However, on the 27th I got an email that my application (I never submitted one) had been approved with conditions and that I had to either add a guarantor or pay them $1,270.

This was really confusing for me because as far as I understand I shouldn’t have to pay another deposit or anything because I already live here and there was no rent increase. It also says in my lease that my deposit was $0 and this amount is four times the amount I paid when I originally moved in.

If I could just move out I would, but I already signed a lease and if I don’t pay them I’ll be evicted and have to pay them $8,000. I’m just not sure what to do in this situation.

 

[quincy]

Louisville,KY
I’ve been living in my apartment for six months. When my original six month lease ended, I decided to renew instead of moving out, which was my original plan. I signed my new lease on the 21st of July. However, on the 27th I got an email that my application (I never submitted one) had been approved with conditions and that I had to either add a guarantor or pay them $1,270.

This was really confusing for me because as far as I understand I shouldn’t have to pay another deposit or anything because I already live here and there was no rent increase. It also says in my lease that my deposit was $0 and this amount is four times the amount I paid when I originally moved in.

If I could just move out I would, but I already signed a lease and if I don’t pay them I’ll be evicted and have to pay them $8,000. I’m just not sure what to do in this situation.

When your old lease expired, a new lease is signed. The new lease can have new terms.

Landlords might be reluctant to accept any “new” tenants right now without additional guarantees in the lease that the rent can be collected. Unemployment is still a major problem in this country and many landlords have had to let nonpaying tenants remain in the rentals because of moratoriums on evictions.

 

[LdiJ]

Louisville,KY
I’ve been living in my apartment for six months. When my original six month lease ended, I decided to renew instead of moving out, which was my original plan. I signed my new lease on the 21st of July. However, on the 27th I got an email that my application (I never submitted one) had been approved with conditions and that I had to either add a guarantor or pay them $1,270.

This was really confusing for me because as far as I understand I shouldn’t have to pay another deposit or anything because I already live here and there was no rent increase. It also says in my lease that my deposit was $0 and this amount is four times the amount I paid when I originally moved in.

If I could just move out I would, but I already signed a lease and if I don’t pay them I’ll be evicted and have to pay them $8,000. I’m just not sure what to do in this situation.

Have you tried calling them and discussing the matter with them? I agree that it seems odd. They may have mixed you up with someone else.

 

[FarmerJ]

Did you get a copy of the NEW lease at the time you signed it and does it spell out that a guarantor was required or that you had to pay 1,270. ? or was this a added on issue after you signed a new lease ?

 

[adjusterjack]

This was really confusing for me because as far as I understand I shouldn’t have to pay another deposit or anything because I already live here and there was no rent increase.

I suggest a personal visit to the management office and talk this out with somebody in authority.

 

[quincy]

A careful review of the new lease that was signed seems in order.

The fact that a tenant wants to extend their time in a rental by signing a new lease generally does not give the tenant any special rights. Some landlords might be willing to provide a discount on rent if the tenant has been a good one who has paid rent on time but, other than that, a new lease can have totally different terms than a previous lease.

 

[LdiJ]

A careful review of the new lease that was signed seems in order.

The fact that a tenant wants to extend their time in a rental by signing a new lease generally does not give the tenant any special rights. Some landlords might be willing to provide a discount on rent if the tenant has been a good one who has paid rent on time but, other than that, a new lease can have totally different terms than a previous lease.

That doesn't sound like its the case though. I think that it sounds more like they got her mixed up with someone else.

 

[quincy]

That doesn't sound like its the case though. I think that it sounds more like they got her mixed up with someone else.

That is possible. Any security deposit AxMtn originally submitted should be noted - although additional money might be required for a new lease.

 

[Litigator22]

Louisville,KY
I’ve been living in my apartment for six months. When my original six month lease ended, I decided to renew instead of moving out, which was my original plan. I signed my new lease on the 21st of July. However, on the 27th I got an email that my application (I never submitted one) had been approved with conditions and that I had to either add a guarantor or pay them $1,270.

This was really confusing for me because as far as I understand I shouldn’t have to pay another deposit or anything because I already live here and there was no rent increase. It also says in my lease that my deposit was $0 and this amount is four times the amount I paid when I originally moved in.

If I could just move out I would, but I already signed a lease and if I don’t pay them I’ll be evicted and have to pay them $8,000. I’m just not sure what to do in this situation.

Please don't be persuaded into thinking that your landlord/tenant issues are affected or impacted by economic conditions, moratoriums on landlord rights and remedies, etc.., etc.., because they aren't. Resolving them is a simple matter of applying basic offer and acceptance principles of contract law. Farmerj's line of questioning touched on the subject and I will elaborate and explain below.

First it is presumed that document that you signed on July 21, 2020 did not contain any of the stipulations and conditions that were included in the succeeding email And that you have signed no other similar document.

Also it will be presumed that the document that you signed on July 21, 2020 did not bear the signature of the landlord.

If I have surmised correctly, then it is rather obvious that you are not bound by the proposed terms and conditions spelled out in the email.

However, and most important, unless you subsequently reaffirmed it, you cannot be held bound to the document that you signed on July 21, 2020. Not even if the landlord was to sign that document could you be so legally bound.

To explain:

When you alone signed and submitted the document of July 21, 2020 it was in the nature of an offer to lease the dwelling unit on the terms and conditions expressed therein. The action of the landlord in sending the email can be treat as a rejection of your offer and the landlord's counter offer. (Your offer of 7/21/20 was then off of the board only to be replaced on the board if reaffirmed!)

SO - unless you communicated an acceptance of the landlord's counter offer, no new agreement has been generated and you are free to vacate the unit at end of the original term. Savvy?

 

[quincy]

It might not have been a counteroffer. You are making an assumption.

AxMtn said he signed a new lease. He is bound by the terms of that lease and the landlord can be held to the terms of that lease.

He said he later received an email with terms that apparently differed from the lease he signed (but he should carefully read over his new lease to be sure). It is possible that the landlord sent the email to AxMtn in error.

The email AxMtn received mentioned an application and a deposit, neither of which apparently applies to AxMtn.

He should review his lease and speak to his landlord.

 

[Litigator22]

Where is it said that the landlord signed a new lease?

You seem suggestive that the OP lacks the intelligence to understand the legal consequences of both he and the landlord having both signed it. The reason he is troubled by the email demanding a guarantor and or the up front cash is because he is not in possession of a document signed by both.

Furthermore, your approach here (and reproach of me) is markedly inconsistent with your earlier response in which you emphasized the current hardships and woes of landlords in general, etc., etc., likely accounting for the new demands contained in the email.

I suggest that you refresh your memory and point to that response wherein you proffered that the emissive adding new terms to the new lease was misdirected.

Quincy = When your old lease expired, a new lease is signed. The new lease can have new terms.

Landlords might be reluctant to accept any “new” tenants right now without additional guarantees in the lease that the rent can be collected. Unemployment is still a major problem in this country and many landlords have had to let nonpaying tenants remain in the rentals because of moratoriums on evictions.

 

[quincy]

The lease does not have to be signed by the landlord to be legal and binding. The signature by the tenant binds both parties. It is offer and acceptance.

I mentioned the current “woes” of landlords to explain why landlords might now require co-signers and larger deposits when before they didn’t. That could explain the contents of the email - but it does not explain why the email was sent to AxMtn.

Again, AxMtn can hold the landlord to the signed lease. The landlord cannot hold AxMtn to any additional terms and conditions not agreed to in the lease.

 

[Zigner]

The lease does not have to be signed by the landlord to be legal and binding. The signature by the tenant binds both parties. It is offer and acceptance.

That is not true. The tenant's signature alone cannot bind the landlord. Of course, if the tenant signed the lease and then returned it to the leasing office, then you can be sure that any claims by the tenant that the lease wasn't fully executed will be quickly countered by the production by the leasing office of the fully executed copy.

 

[Zigner]

Also it will be presumed that the document that you signed on July 21, 2020 did not bear the signature of the landlord.

If I have surmised correctly, then it is rather obvious that you are not bound by the proposed terms and conditions spelled out in the email.

However, and most important, unless you subsequently reaffirmed it, you cannot be held bound to the document that you signed on July 21, 2020. Not even if the landlord was to sign that document could you be so legally bound.

To explain:

When you alone signed and submitted the document of July 21, 2020 it was in the nature of an offer to lease the dwelling unit on the terms and conditions expressed therein. The action of the landlord in sending the email can be treat as a rejection of your offer and the landlord's counter offer. (Your offer of 7/21/20 was then off of the board only to be replaced on the board if reaffirmed!)

SO - unless you communicated an acceptance of the landlord's counter offer, no new agreement has been generated and you are free to vacate the unit at end of the original term. Savvy?

Your contention is indicative of someone who doesn't live in the real world. Once the LL produces a copy of the document (from 7/21) that was signed by both parties, any claim that you seem to think the tenant can make to say that the lease was simply an offer would be moot.

 

[quincy]

That is not true. The tenant's signature alone cannot bind the landlord. the tenant signed the lease and then returned it to the leasing office, then you can be sure that any claims by the tenant that the lease wasn't fully executed will be quickly countered by the production by the leasing office of the fully executed copy.

The lease is presented to the prospective tenant by the landlord for the tenant’s signature. The landlord has already agreed to the contents of the lease when it is presented for signature. Edit: I admit I am assuming here that the lease that is signed by the tenant has been returned to the landlord in a timely manner.

http://kyjustice.org/what-lease

https://ag.ky.gov/Priorities/Protecting-Kentuckians/Consumers/home/Pages/rental-housing.aspx