View Full Version : Lease Question, Please Help!
cescobar13
Oct 19, 2010, 05:30 PM
Ok, bear with me a sec.. Here's the whole story.. I moved into an apartment complex and signed a year lease. A few months pass by, and I end up working for the apartment complex. They said they could not pay me cash, but would pay me in comped rent. I said that would be fine, so they end up making me a brand new year lease with a year comped rent.. I said no prob, that'll work. Now the place is in foreclosure and is being run by a management company for the bank. Turns out, on my lease, at the very top where the date is, it has the month, the day, but the line for the year is blank. But two spaces below it it has the full date of move in and the full date that the lease ends in the term section. Now they are saying, because there is no year at the top, the lease is not valid... I think it's b.s. and they are just trying to do anything to get me out. Let me know where I stand please and thanks for all help!
LisaB4657
Oct 19, 2010, 05:33 PM
They're just trying to get you out. I can't see any judge allowing the lease to be declared invalid over a silly typo like that. As long as a lease has a start date, an end date, a rental amount and an address it's a valid lease. There's no requirement that it be dated.
Fr_Chuck
Oct 19, 2010, 05:48 PM
My belief is that the court will view it as valid, so stay firm it is valid, and let them try to evict and let a judge rule on it
ballengerb1
Oct 19, 2010, 06:35 PM
I agree , the omission was accidental and the year is obvious.
cescobar13
Oct 19, 2010, 06:47 PM
Thanks for your answers, I spoke to an attorney and he said the same thing, but I just wanted to hear other views.
AK lawyer
Oct 19, 2010, 09:27 PM
I agree with the others that the typo on the lease is no big deal.
But it does seem to me that they can terminate the rent-comp arrangement. Have they agreed to continue your employment?
cescobar13
Oct 19, 2010, 09:58 PM
As of a 3 weeks ago, I no longer work for the apt complex, as I wondered about them being able to change my lease at all.. But when I read about the New tenant's law that President obama passed in may of 2009, it states that any tenant that is in a rental that is going through a foreclosure, is protected by law to remain under their original lease and in their dwelling until the end of their lease unless the dwelling is a house that the new owner will call a permanent residence, then they have 90 days to get out. So I'm pretty sure that my lease stays valid no matter what stips it says, its still a binding contract, right? And also, I have the fact that I have a notice that they put on everyone's door when this management co. took over stating clearly, " During the process of our takeover, no lease shall be changed for any reason, and everyone's lease agreement is good for the remainder of your contract" so I'm also going to take that to court if need be. I'm really thinking they just want me out because I no longer work for them, and they have to see me everyday on their property. I really think they are just miserable people spiteful people.
AK lawyer
Oct 20, 2010, 12:24 AM
As of a 3 weeks ago, i no longer work for the apt complex, ...
New tenant's law ... that any tenant that is in a rental that is going through a foreclosure, is protected by law to remain under their original lease and in their dwelling until the end of their lease ...
But, as I understand it, your lease provided that you would work in exchange for the rental payments. You understand, don't you, that this new law still requires you to pay your rent as provided in your lease?
Are you paying rent now instead of working it off?
LisaB4657
Oct 20, 2010, 04:18 AM
You didn't tell us before that you no longer work there. That makes a big difference. A judge is not going to let you to live there for free. If you want to stay there then I suggest that you try to reach an agreement with the management company for a reasonable amount of rent. Because if you don't make an agreement with them voluntarily a judge is going to either require a rental amount or allow the lease to be terminated.
cescobar13
Oct 20, 2010, 06:20 AM
Ok, I understand your answers, and thank you for your help. But I have this to add, no where on the lease does it specify that the comped rent is for work done, it just says rent comped for the term of lease, so isn't that binding for the term of the lease? That would be like the landlord renigging on an amount of rent that was agreed upon at lease. And I never worked for this management company, otherwise, when you terminate employment, they can give you 10 days to vacate, they had me working for a temp co and I never signed with the management co as other workers who also had comped rent did sign and were asked to leave right away, I was the only one who didn't sign with them. And another thing, they took over August 17 2010 and are now only asking for october's rent. Wouldn't it be true that by them accepting no rent for September that they were in agreement with the lease term? They came in here, cut everyone's pay, fired some, and talked down to everyone. They treat employees very bad. I think it's the right thing to challenge them on this. And like you said, the new tenant law states that you must continue to pay rent for the remainder of your lease, but what about my situation as it says comped and does not specify for work, isn't this lease still binding? And what about the letter they sent stating no leases will be changed for any reason. The only thing they are saying, is that there is no year at the top of the lease... that is all, they are not challangeing the term or amount of rent. So when I bring the lease and show the judge, he will see the term date is clearly there and I hope will hold the lease true. Thanks for all answers and help!
excon
Oct 20, 2010, 06:57 AM
They're just trying to get you out. I can't see any judge allowing the lease to be declared invalid over a silly typo like that. Hello c:
Do you remember when our expert Lisa told you that you couldn't take advantage of their mistakes on the lease?? The same holds for them... If they forgot, or for whatever reason didn't write in the lease that the comped rent is in exchange for your labor, NO judge is going to rule in your favor...
You are in tenant limbo... If you DON'T get your lease straightened out, you WILL be on the street.
excon
AK lawyer
Oct 20, 2010, 09:53 AM
... it just says rent comped for the term of lease, ...
What, according to your understanding, does "comped" mean? I'm guessing it means something like "credited in compensation for work done by the tenant". Right? So if you do no work, you have failed to comply with the lease.
In other words, the lease is still valid, even though there is a new owner. But you are in breach of the lease and can be evicted.
What is your expectation? That you will be allowed to remain for the term of the lease without paying rent and without doing any work? Not likely.