Which lease is enforceable/changes to lease?

[Bhahn75]

What is the name of your state? What is the name of your state? Ohio

Which lease is enforceable?
We moved into house one year ago in November. After that our lease states we are month to month with rent due on the 20th and a 10 day grace period. After which, there is a $25 late fee. In February we were informed that the landlord would be using a management company. The management company prorated February rent, made us sign a new lease and I paid February and March rent. Rent would be due on first with no grace period and $2/day late fee. This lease is between us and landlord but payable to the management company. One week later the landlord stated he wouldn’t be using them anymore and to pay rent to him. I asked if our due date would still be the 20th. He said yes. In April he said that the rent is now due on the first and there is a $10/day late fee. Can he just change the terms at will? Which lease is enforceable or do we not have one? He’s now trying to evict because he says our rent is late, it’s the 12th. He says if we pay he will throw out the 3 day notice, which was posted on a Saturday night and says we must be out by Monday.

 

[Zigner]

The newest lease that you have is the enforceable one. While the 3-day notice may not be valid, the fact is that you are late on rent and need to pay your rent.

 

[Bhahn75]

Even though the landlord stated that the due date would stay the same after he said he wasn’t using the management company anymore? I don’t have a problem with paying rent on time, but if he wants to change the provisions of the lease doesn’t he have to give a notice?

 

[PayrollHRGuy]

The lease is the piece of paper you signed. You signed the last one that said the rent was due on the 1st.

 

[adjusterjack]

Even though the landlord stated that the due date would stay the same after he said he wasn’t using the management company anymore? I don’t have a problem with paying rent on time, but if he wants to change the provisions of the lease doesn’t he have to give a notice?

The lease you signed with the management company binds the landlord and you. I think if you read the lease you'll find a standard provision that says that the lease is the entire contract and anything doesn't count unless it's in writing.

You were foolish to think you could go 20 days into April for free. Was it your intention to pay for April 20 to May 19 and get 20 days free? Or were you going to pay a full month plus 20 days? Or did you not pay anything at all on April 20?

I'm not exactly clear on what happened.

He’s now trying to evict because he says our rent is late

You didn't pay April rent and you didn't pay May rent. So, yeah, he can evict you for non-payment. He can enforce the $2 per day late charge but not the $10 per day late charge.

Whatever dates are at issue it appears that you have to pay for the full month of April plus late charges and the full month of May that was due on the first plus late charges to date.

If you don't have the money then the argument as to who is right and who is wrong is kind of meaningless.

 

[Bhahn75]

I’m aware of what the lease is. My issue is that since a lease is a contract and part of the provisions can’t be followed through with doesn’t that make it voidable?

 

[Bhahn75]

The lease you signed with the management company binds the landlord and you. I think if you read the lease you'll find a standard provision that says that the lease is the entire contract and anything doesn't count unless it's in writing.

You were foolish to think you could go 20 days into April for free. Was it your intention to pay for April 20 to May 19 and get 20 days free? Or were you going to pay a full month plus 20 days? Or did you not pay anything at all on April 20?

I'm not exactly clear on what happened.



You didn't pay April rent and you didn't pay May rent. So, yeah, he can evict you for non-payment. He can enforce the $2 per day late charge but not the $10 per day late charge.

Whatever dates are at issue it appears that you have to pay for the full month of April plus late charges and the full month of May that was due on the first plus late charges to date.

If you don't have the money then the argument as to who is right and who is wrong is kind of meaningless.

April rent was paid. It’s May rent that he’s trying to say is late. By your example May rent would not be due till the 20th?

 

[Zigner]

I’m aware of what the lease is. My issue is that since a lease is a contract and part of the provisions can’t be followed through with doesn’t that make it voidable?

Huh? What part?
If you're talking about who payment is made to, that can be (and has been) modified. You are fully aware that the agent for the owner was just that...an agent.

If that's not what you mean, then please explain what part can't be followed through with.

 

[Zigner]

April rent was paid. It’s May rent that he’s trying to say is late. By your example May rent would not be due till the 20th?

Per your lease, May rent is due on the first of May.