Landlord refuses to honor lease

[Armageddon415]

Heres the story:

I signed a 1 year lease for an apt that promised that the 12th month would be free as long as our payment history is in good standing. About half way through the lease, the owners sold the building to another company. Now I am in the 12th month of the lease and the new owner refuses to honor our initial agreemnet of the free month because he claims the old owners never gave him that part of the contract. The old owners claimed that they provided all of the documentation they had but the new owners claimed they never got the part about the free month. Now the new owners are trying to force us to pay for the 12th month, what should I do? Right now, I'm just afraid that he could go after my credit rating by going to a collection agency if we refuse to pay, is that something he can do?

I should also add that another one of the tenants in the building is having the same problem too and they are planning to take the current owner to court to sue for the rent.

 

[EyeMWing]

Depends on how much the rent is. If it's less than the costs of dragging him in to court, eat it. Otherwise, go to war.

 

[Sphexi]

1. Do you have a copy of your lease, you hopefully should.

2. I would've hoped that part would be in the main portion of the lease, and not a seperate document you signed at a later date, that'd make it harder to deal with.

3. Join the other tenant in court.

 

[Brainonska511]

Do you have a copy of the original contract?

 

[drinkmorejava]

get in with the other tenant suit

 

[imported_LoKe]

Take your old owner to court. If it goes through, the judge will require him to pay for the last month if he can't prove that he informed the new building owners.

Of course, that's just what I think. I'm always wrong, so don't rely on that.

 

[maziwanka]

small claims court

in the end, you shouldn't have to pay for it. you have to take em both to court and when judgment is handed out against them, they'll fight amongst themselves.

edit: if you have a copy of your lease (which im sure you do), join with the other tenant and go to the new owner and tell him the appropriate clause. tell him that you don't care if he didn't know about it before purchasing the apt and that it is something that he has to fight with the old owner about. just be firm and tell him that you will not pay the last month.

 

[bennylong]

Originally posted by: Armageddon415
Heres the story:

I signed a 1 year lease for an apt that promised that the 12th month would be free as long as our payment history is in good standing. About half way through the lease, the owners sold the building to another company. Now I am in the 12th month of the lease and the new owner refuses to honor our initial agreemnet of the free month because he claims the old owners never gave him that part of the contract. The old owners claimed that they provided all of the documentation they had but the new owners claimed they never got the part about the free month. Now the new owners are trying to force us to pay for the 12th month, what should I do? Right now, I'm just afraid that he could go after my credit rating by going to a collection agency if we refuse to pay, is that something he can do?

I should also add that another one of the tenants in the building is having the same problem too and they are planning to take the current owner to court to sue for the rent.

if you refuse to pay, they will have to take to your court to get you evicted first before it goes to collection agency

 

[Armageddon415]

I do have a copy of the contract, unfortunately the part about the free month is part of an addendum and was signed 2 days after the initial lease. I didn't think that would be a problem at that time.

Taking them to court wouldn't really do anything since we haven't paid for this month since I assumed it was free. I'm just afraid they would do something to hurt my credit rating such as going to a collections agency.

 

[bennylong]

Originally posted by: Armageddon415
I do have a copy of the contract, unfortunately the part about the free month is part of an addendum and was signed 2 days after the initial lease. I didn't think that would be a problem at that time.

Taking them to court wouldn't really do anything since we haven't paid for this month since I assumed it was free. I'm just afraid they would do something to hurt my credit rating such as going to a collections agency.

They have to win a judgement first

 

[maziwanka]

Originally posted by: Armageddon415
I do have a copy of the contract, unfortunately the part about the free month is part of an addendum and was signed 2 days after the initial lease. I didn't think that would be a problem at that time.

Taking them to court wouldn't really do anything since we haven't paid for this month since I assumed it was free. I'm just afraid they would do something to hurt my credit rating such as going to a collections agency.

im not really sure if they can go to a collection agency to f-up your credit rating. if the new owners never received the addendums to the leases, it's really a problem with the old owners and you should tell them that. it doesn't void your addendum. the new owners can sue the old owners for not providing them with notice on this obligation before purchasing the building

they're bullying you around because its easier to

 

[fitzov]

Now I am in the 12th month of the lease and the new owner refuses to honor our initial agreemnet of the free month because he claims the old owners never gave him that part of the contract.

I'm fairly certain that the lease is a valid contract regardless of who currently owns the property and that the contractual obligations carry with the new owner. This would be the crux of the issue. On the other hand, he would have no problem suing the previous owner for failing to disclose the information prior to purchase--fraud.

 

[bennylong]

Originally posted by: fitzov

Now I am in the 12th month of the lease and the new owner refuses to honor our initial agreemnet of the free month because he claims the old owners never gave him that part of the contract.

I'm fairly certain that the lease is a valid contract regardless of who currently owns the property and that the contractual obligations carry with the new owner. This would be the crux of the issue. On the other hand, he would have no problem suing the previous owner for failing to disclose the information prior to purchase--fraud.

yea, your lease carry over to the new owner. If the owner sold the house or building, they still have to honor the lease.

 

[phisrow]

As long as you have valid, signed, documentation of your lease and its contractual terms, you should be able to kick the landlord's ass in small claims court(If he even shows up, if not, you win.) Show him the documents(Ideally send copies by certified mail, to demonstrate good faith effort at negotiation, and his knowledge of the documents), then smite him if necessary.

 

[DrPizza]

As long as you have a copy of the addendum, simply send a copy of it (don't give up your copy) to the new owner. Simply suggest, "apparently this is going to have to go through the court system. Either I can take you to court, or you can take the previous owner to court. In the case of the former, then you'll still be able to go to court against the previous owner... it's probably in your best interests to avoid going to court twice."

 

[Armageddon415]

He has already seen copies of the addendum from the other tenants so he already has knowledge of them. He just refuses to aknowledge it as binding because he claims that the old owners never gave him those documents and that its not his fault.


What is the worse he can do to me if I tell him to F--- off and just move out by the end of the month?

 

[Sphexi]

Originally posted by: Armageddon415
He has already seen copies of the addendum from the other tenants so he already has knowledge of them. He just refuses to aknowledge it as binding because he claims that the old owners never gave him those documents and that its not his fault.


What is the worse he can do to me if I tell him to F--- off and just move out by the end of the month?

Pretty much I'd say. If the other tenants are taking them to court, they've probably already lawyered up and have made sure they're in the right, which means you are too as long as you have documentation of everything. Find somewhere new to live, tell the new landlord to shove it and go talk to the old one about their rent.

 

[thespeakerbox]

Go to tenant court .

Ask for an adjournment the first couple of times. Make the guys life living hell.

Cost him money....lawyer fees, break stuff, complain...

Start breaking stuff and report it to the housing dept. Plan to move out

 

[episodic]

Originally posted by: Sphexi

Originally posted by: Armageddon415
He has already seen copies of the addendum from the other tenants so he already has knowledge of them. He just refuses to aknowledge it as binding because he claims that the old owners never gave him those documents and that its not his fault.


What is the worse he can do to me if I tell him to F--- off and just move out by the end of the month?

Pretty much I'd say. If the other tenants are taking them to court, they've probably already lawyered up and have made sure they're in the right, which means you are too as long as you have documentation of everything. Find somewhere new to live, tell the new landlord to shove it and go talk to the old one about their rent.

You shouldn't have to move out.

I'd small claims this one for sure.

 

[doze]

He probably knows about it and is just trying to screw you. If there are a lot of open apartments in the area then you have the upper hand and it will never go to court just tell them you are not paying according to the terms of your lease and moving out at the end of the month and he will be stuck with an empty apartment. The lease is a contract and the addendum is part of that contract. As the new owner he also purchased that contract.

edit: and if you had a deposit def. don't expect it back

 

[zainali]

court.

 

[AgaBoogaBoo]

Let them take you to court, refuse to pay that 12th payment. If they take you to court, they're retards.