View Full Version : Getting out of my lease
richiesbrat
Dec 18, 2007, 11:19 AM
:confused: I am currently leasing a home in Las Vegas, NV with my husband and children and we want out of our lease. When we originally signed the contract in August it was with one property manager. Two months later the management company changed and they will not draw up a new contract between us. I have had a broken dishwasher for 2 months and all they can tell me is that "the vendor is going to contact you"... it's just now being repaired today. The people at the new company are rude and my family has been inconvienienced in many ways in order for the home to be refinanced (such as having to place our pets and children somewhere else on several occasions so the house appeared to be a vacation home because the company would not refinance if there were tenants).
My husband and I both feel we do not have a legal contract with this company and should be free to leave. We did not go to this company looking to do business with them in the first place. Are we legally bound to the current contract even though it is not with the current company? If we leave, can they hold us to the terms of the lease?:confused:
ScottGem
Dec 18, 2007, 11:42 AM
Sorry, but you DO have a legal contract. When a property changes ownership and even more so if it just changes managers, this does not affect the lease. The signed lease remains in force. So yes they can hold you to the terms of the lease.
However, you do have some leverage. If they forced you to be off premises so they can prove to a lender that the property was a vacation home and not a rental, then they committed a fraud. Tell them if they don't let you out of the lease, you will report the fraud to the lender.
richiesbrat
Dec 18, 2007, 12:07 PM
Thank you for responding so quickly. Like I said, we don't WANT out of the lease, we want a lease with the new company and not the old company. However, being put out of our home so they can refinance really angered me. It was not only on one occasion, but 3! Your response helps a lot, now that I know what options I possibly have. Thanks!
ScottGem
Dec 18, 2007, 12:14 PM
You have this hangup on reworking the lease with the new managers. I don't understand why. The lease you signed is totally and completely binding on the new managers (and you). There is no need to sign a new lease. When it expires then you get their signature on a renewal.
richiesbrat
Jan 7, 2008, 12:56 PM
You have this hangup on reworking the lease with the new managers. I don't understand why. The lease you signed is totally and completely binding on the new managers (and you). There is no need to sign a new lease. When it expires then you get their signature on a renewal.
:confused: I don't have a hangup with reworking the lease. I am only concerned that it could come back at us... meaning that they hold us to the lease, but they don't comply with their end, which is what is happening. I never had any problems in our old house, but it's been nothing but problems with this company. They do things or tell us things at the last minute and it is frustrating. How can they hold us to our part of the agreement, and not keep up on their part?
ScottGem
Jan 7, 2008, 12:59 PM
They can't, if they materially violate the terms of the lease you signed and they inherited, then you have grounds for breaking the lease. But breaking the lease means moving and you say you don't want to do that.