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?

Contract is a contract, if you don't agree with something in the contract, cross it out and initial 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.

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 possessions 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.

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.

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.

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

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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.

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I'd like to see the law on that. I find it hard to believe 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.

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.

In PA, a landlord can take away personal possessions too. There are regulations and or stipulations as to what the landlord make off with.

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

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Originally Posted by brooks

In PA, a landlord can take away personal possessions too. There are regulations and or stipulations as to what the landlord make off with.

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I'm not saying they can't. However, I doubt if a contract that says; If you don't pay, I'll take your possessions, will stand up in court. Obviously, creditors can attach property, in repayment of a debt. But I suspect it would have to be after pursuing other legal remedies.