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-   -   I need to know why I was not informed! (https://www.askmehelpdesk.com/showthread.php?t=173297)

  • Jan 16, 2008, 09:15 PM
    777G1
    I need to know why I was not informed!
    I moved into my apartment five months ago. On the day I met with the landlord to pay the rent and security deposit, I asked to see the lease. She stated that she forgot to bring it with her. Two weeks had passed since I moved in and I called her to remind her. She apologized for being forgetful and promised she would bring it on her next visit when she comes to pick up the rent. She picks up the rental payment for the tenants above me as well.

    When that day came, she showed up without the lease and apologized again. When it snowed the following week, I called her to ask when the back yard and driveway would be plowed as my parking space is located behind the apartment complex. Her reply was that she was not responsible for plowing the driveway because I did not pay for my parking space. Due to back problems, I called my dad for help. He and a few family members came to help me get my car out so that I could get to work. Later that afternoon, I received voice mail from the landlord thanking me for clearing up the driveway. I phoned her and asked her to provide me with a copy of her lease because I needed to know what else I would be responsible for. However, when she came to pick up the rent she had a different excuse. I have never rented without a written agreement and I feel very uncomfortable with not having one. I also mentioned this concern to the landlord.

    Two weeks prior to the first of this month, left her a voice mail and wrote her explaining that my rent would be late. On the letter, I also requested a copy of the lease. I also explained why I would have to pay the rent on the 17th instead of the first of the month. She sounded upset when she called me, but agreed. When I got home today, I had a message from her explaining that I would have to pay an additional 5% of my rent. My rent is 1,000 a month and I have never been late. I am a single mom and I really can't afford it. The landlord also explained that I would get a letter stating how much the late charges and the rent due would come up to.

    I am very upset about how she has kept all this important information from me. Please let me know if this is legal. Is she allowed to charge this much? Without a written contract? Without verbally telling me? What about the snow removal is this the responsibility of the tenant without prior warning? I have not received a lease to date and I don't think she wants to give me one? Why is she doing this?

    When I asked another tenant about the landlord's rules, she said that removing snow is not something I was responsible for. She stated that she had it done by a contractor. In addition, the neighbor asked if I had been informed about seven break-ins that happened in the apartment I am now renting while the previous tenant was living here.

    I know the landlord didn't want me to know this. I am now concerned that my child and I may be in danger. How can I get a copy of the lease and find out my rights? Please help!


    Thank you!
  • Jan 16, 2008, 09:32 PM
    Fr_Chuck
    If there was a lease you would have signed on before moving in, did you sign a lease?? If you did not sign a lease then there is no lease and you are on a month to month rental. If there is no written contract that both of you signed, then you are on a verbal rental agreement ( this is no uncommom)

    There is no reason she would have told you about the break ins, in fact it can be almost for sure she would not unless you asked.
    You had no right to be told of past break ins in the complex.

    And if you did not already see the lease and sign it, then there is no lease.
  • Jan 17, 2008, 05:12 AM
    rdent05
    [QUOTE=Fr_Chuck]If there was a lease you would have signed on before moving in, did you sign a lease?? If you did not sign a lease then there is no lease and you are on a month to month rental. If there is no written contract that both of you signed, then you are on a verbal rental agreement ( this is no uncommon)

    There is no reason she would have told you about the break ins, in fact it can be almost for sure she would not unless you asked.
    You had no right to be told of past break ins in the complex.

    And if you did not already see the lease and sign it, then there is no lease.[/QUOTE


    That also means, if you would like to move out you can. There's no signed lease. If you feel unsafe, you should defiantly move for you and the safety of your child. Also, If you have proof that you wrote her in concern of your lease and questions about the snow plowing, you can summit this in court as evidence if you should have to go to court( if you decide to move out) considering you don't have a written lease. Hope this helps. Please consider being advised by a lawyer!! :o :o :o
  • Jan 17, 2008, 05:24 AM
    excon
    Hello 7:

    If it was me, I wouldn't have left the office WITHOUT a copy of the lease the day I signed it. If for some reason I was suffering from a mental defect that day and somehow didn't get a copy, I would have told the landlord from from day 1 - NO lease - NO rent.

    I'll bet you don't get a receipt either when you pay. THAT too would never happen with me.

    As a matter of fact, why don't you call the landlord RIGHT NOW, and tell them you're coming down to the office to pick up your copy.

    IF, as the others have suggested, you didn't sign a lease, then you don't have one.

    excon
  • Jan 17, 2008, 07:53 AM
    JudyKayTee
    That also means, if you would like to move out you can. There's no signed lease. If you feel unsafe, you should defiantly move for you and the safety of your child. Also, If you have proof that you wrote her in concern of your lease and questions about the snow plowing, you can summit this in court as evidence if you should have to go to court( if you decide to move out) considering you don't have a written lease. Hope this helps. Please consider being advised by a lawyer!! :o :o :o[/QUOTE]



    Sorry - if there is no signed lease you are a month to month tenant (as others have said) and you cannot simply move out without notice and not pay rent. Of course, you are free to go whenever you want - but you will owe rent.

    A letter to a landlord asking about snow plowing does not become any type of contract between the parties or a defense - the fact that a tenant writes and says, "What about this or that?" does not create an agreement or modify an existing agreement and give grounds to breaking a rental agreement, either written or oral. I've had tenants write me and ask who brings their garbage cans in from the street - that doesn't mean that if I don't they can simply walk away.

    If you have a written lease I don't know if the snowplowing/shoveling concern and questions about your safety are sufficient to break the lease.

    Back to the main questions - did you sign a lease and what does it say?

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