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Home > Law > Real Estate Law   »   Rental property-Leaser

 
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Old May 8, 2008, 03:57 AM
myacookie
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Rental property-Leaser

I leased a home through a realator 1 year ago,The owner of the home wishes not to go through this realator to renew my lease,He said,"Why pay someone ",And told me I can continue to live here and just pay him every month.My question is,I put down a month and a half security totaling $1600.00,does he continue to hold that money even though he does not want to renew this contract through the realator?And what protection do I have if he decides to ask me to leave?
Concerned leaser

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Old May 8, 2008, 05:34 AM   #2  
JudyKayTee
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Quote:
Originally Posted by myacookie
I leased a home through a realator 1 year ago,The owner of the home wishes not to go through this realator to renew my lease,He said,"Why pay someone ",And told me I can continue to live here and just pay him every month.My question is,I put down a month and a half security totaling $1600.00,does he continue to hold that money even though he does not want to renew this contract through the realator?And what protection do I have if he decides to ask me to leave?
Concerned leaser



If it's a security deposit and he holds it, using or not using a realtor has no bearing on the security deposit. He continues to hold it.

If you are month to month he can evict you upon one month's notice. That's the advantage of a lease - you have security. Keep in mind that if the lease turns into month to month the terms of the lease continue to apply unless changed in writing. For example, if the lease says no pets and you go to month to month the "no pets" clause is still applicable.

I don't know if you did or didn't sign any agreement with the realtor but if you DID and now you are going behind the realtor's back, you will still owe the realtor his commission. If the owner signed with the realtor and is now going against any agreement the two of them had, then you could get pulled in as a witness.

I think it's a decision only you can make.
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Old May 8, 2008, 06:07 AM   #3  
ScottGem
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As Judy pointed out, the written lease remains in effect except for the term and rental. There term is now month to month and the rental is what the landlord says it is.

Going behind the realtor depends on the contract with the realtor. In most cases, the contract is between the realtor and the landlord to pay the realtor for finding a tenant. The realtor normally wouldn't be involved in a renewal of the lease. But you need to go over whatever you signed with the realtor to make sure you aren't liable for owing him anything.

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JudyKayTee agrees: I think I may have led you astray, Scott - the OP says he/she "rented a home through a realtor." Maybe the OP had the signed agreement, not the owner.
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Old May 8, 2008, 09:40 AM   #4  
Fr_Chuck
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Yes following though that, if your reciept and your lease is from th real estate company, you may ask for a new reciept to prove they have your deposit.
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