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Question
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Apr 30, 2007, 12:12 PM
|  | American Immigration Expert  | | Join Date: Feb 2007 Location: Montreal, Canada
Posts: 2,471
| | | Lease Renewal
Hi,
Just had a question regarding renewal of a lease, our lease has been renewed several times on a long detailed form that looks very official (to me) but a friend who lives in the same building got a lease renewed on a handwritten sheet of white paper. Is this a legal document, it was written by the landlord and signed by them and my friend.
To make it more complicated, its not for the same apartment either, it basically says the lease for apt 1 is transfered to apt 3 and renewed until march 2008.
The reason they wanted me to try and find this info online is that the landlord collected a security deposit, which they just learned is illegal and want to demand it back but dont want to be told they dont have a legal lease.
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Answers
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Apr 30, 2007, 12:16 PM
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#2
| | | Expert
Join Date: Sep 2005 Location: New Jersey
Posts: 2,257
| A lease can be written on a napkin and still be legal. As long as it contains the basic information (landlord, tenant, apartment, term and rental amount) then it is a legal document.
Why would it be illegal for the landlord to collect a security deposit? |
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Apr 30, 2007, 12:16 PM
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#3
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,638
Pay to call ScottGem for advice ($.75/min) | A lease is a contract between a tenant and landlord. A lease could be on a preprinted form used as a standard. Or it could be on a long form drawn up by an attorney. Or it could be as simple as a handwritten sheet of paper saying; You can rent this apt for $1000/month for 12 months. any of them is perfectly legal if properly signed.
Not sure what is illegal about collecting a security deposit. If the person is changing apts, maybe a large security is needed. | |
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Apr 30, 2007, 01:36 PM
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#4
| | American Immigration Expert
Join Date: Feb 2007 Location: Montreal, Canada
Posts: 2,471
| No no, it's just that in Canada it's no longer legal to collect a security deposit, last months rent as a deposit when moving in or even a deposit for keys.
Should have mentionned this, but thank you, i shall inform them of this. | |
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Apr 30, 2007, 02:21 PM
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#5
| | | Christianity Expert
Join Date: Nov 2005 Location: Georgia
Posts: 36,817
| They may not be aware that the law in thier area changed, but collecting a deposit should not make the entire lease void, only give them grounds to get that money back. Normally they way things are considered, if one part of a lease or contract is not valid becaue of a law, only that clause is effected, not the entire contract. | |
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