Ask Experts Questions for FREE Help!
Ask    ||    Answer
 
Advanced  
 

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Real Estate Law   »   Apartment contracts

 
Thread Tools Search this Thread Display Modes
Question
 
 
#1  
Old Sep 1, 2006, 03:46 AM
pcphil
New Member
pcphil is offline
 
Join Date: Sep 2006
Posts: 1
pcphil See this member's comment history on his/her Profile page.
Apartment contracts

We have lived in our apartment for 27 years. We have new owners and they want us to sign a new contract. The contract states that we will be financially responsible for all repairs due to the apartment and if repairs are not made that they have the right to take personal possessions from your apartment in lieu of such repairs. These repairs would include air conditioning, plumbing and any general maintenance. Can they legally make us sign this contract and hold us responsible for such repairs?

Reply With Quote
 
     

Answers
 
 
Old Sep 1, 2006, 03:56 AM   #2  
Bankruptcy & Debt Expert
mr.yet is offline
 
mr.yet's Avatar
 
Join Date: Aug 2005
Location: republic of maryland
Posts: 1,694
mr.yet See this member's comment history on his/her Profile page.mr.yet See this member's comment history on his/her Profile page.
contract is a contract, if you dont agree with something in the contract, cross it out and inital it. Once you sign the contract you agree to all terms stated. Speak to the owner and discuss the new contract, tell them you do not agree to some of the terms in it.

Here do you live??? Their may be some rule against repairs.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 04:10 AM   #3  
Über Member
RickJ is offline
 
RickJ's Avatar
 
Join Date: Aug 2005
Location: The Bogs at Windover
Posts: 7,361
RickJ See this member's comment history on his/her Profile page.RickJ See this member's comment history on his/her Profile page.RickJ See this member's comment history on his/her Profile page.RickJ See this member's comment history on his/her Profile page.RickJ See this member's comment history on his/her Profile page.RickJ See this member's comment history on his/her Profile page.
Check your state landlord-tenant laws. I don't think that landlords in every state can require that the tenant do all the work. In my state the owner of the property is the one who is legally responsible to keep the apartment up to code.

And FOR SURE it is not legal for a landlord to take your personal posessions for ANY reason.

...but battles like these can be expensive and time consuming...so it may very well be easier on the wallet, brain and heart to just move.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 06:23 AM   #4  
Computer Expert and Renaissance Man
ScottGem is online now
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 33,632
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
First, generally tenants do not enter into a "contract" with landlords. instead they sign a lease. Second, what is your current lease status? Do you have a signed lease with the old owners that expires at some point in time? If so, the new owners probably have to honor that lease. Once that lease has expired they can ask you to sign a new lease with new provisions. If there are any provisions you do not like, then cross them off.

They can, however, refuse to extend you a new lease if you don't agree, in which case you will need to move.

As Rick pointed out, this business of taking personal possessions is WAY out of bounds and leads me to suspect that the whole thing is shady. This could just be a tactic to try and force you out so they can convert to coop or something like that.

I strongly suggest that you find and contact whatever agency in your area protects tenant rights. Your local elected representative's office should be able to point you in the right direction. They can help you determine what your rights are.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 06:49 AM   #5  
Senior Member
Cvillecpm is offline
 
Join Date: Jul 2006
Location: VA
Posts: 553
Cvillecpm See this member's comment history on his/her Profile page.
Actually - in TX landlords can remove tenant items if the rent is deliquent in some cases.

I suspect PCPhil's rental apt is not in US or new owners don't know the local US L-T laws. In any event, he should not sign such a lease.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 09:02 AM   #6  
Expert
excon is online now
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 13,230
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello PC:

In any state in the US, a contract like that would not be enforceable. Plus, no matter what country the apartment is in, it doesn't make economic sense either.

Certainly, landlords would love to have their tenants be responsible for repairs. Then they wouldn't have to do anything except collect the rent. What a great business it would be, if landlords could do that.

But, even if local law doesn't proscribe that practice, nobody would rent from them. Why would they? So, I think Scott is on the right track. They have an ulterior motive in mind.

excon
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 10:58 AM   #7  
Computer Expert and Renaissance Man
ScottGem is online now
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 33,632
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
Quote:
Originally Posted by Cvillecpm
Actually - in TX landlords can remove tenant items if the rent is deliquent in some cases.

I suspect PCPhil's rental apt is not in US or new owners don't know the local US L-T laws. In any event, he should not sign such a lease.
I'd like to see the law on that. I find it hard to beleive that would be allowed without at least a judgement permitting seizure of assets. I can't believe it would be legal to ask a tenant to sign away rights like that.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 06:19 PM   #8  
Über Member
s_cianci is offline
 
s_cianci's Avatar
 
Join Date: Aug 2005
Location: New Jersey
Posts: 5,331
s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.s_cianci See this member's comment history on his/her Profile page.
Generally speaking, the repairs you've mentioned are the owner's responsibility. Talk with a real estate attorney and let him inspect the new contract before you sign it.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 07:12 PM   #9  
Junior Member
brooks is offline
 
Join Date: Jul 2006
Posts: 57
brooks See this member's comment history on his/her Profile page.
In PA, a landlord can take away personal possessions too. There are regulations and or stipulations as to what the landlord make off with.
  Reply With Quote
 
     
 
 
Old Sep 1, 2006, 08:07 PM   #10  
Expert
excon is online now
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 13,230
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello:

People come to us because they "heard" something. If we just tell them something, then we only add to their confusion. I'm interested in learning too. Therefore, as I have suggested in the past, rather than tell us there ARE regulations, it would help if you could tell us WHERE we could read them for ourselves.

If what you say is law, that's great, but I want to KNOW it's law, and you should pardon me if I don't accept your word.

excon
  Reply With Quote
 
     

Your Answer
Email me when someone replies to my answer
Join Login





Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

 
Similar Sponsors


Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Similar Threads
Baseball contracts
(2 replies)
Fire Damage to Apartment - Landlord using to upgrade apartment
(8 replies)
execution of valid contracts
(7 replies)
small uniform design company looking for contracts. please help.
(1 replies)
Free Agent Contracts
(0 replies)

Search this Thread

Advanced Search

Bookmarks

Sponsors



Copyright ©2003 - 2009, Ask Me Help Desk.
All times are GMT -8. The time now is 06:16 AM.