Ask Me Help Desk - Landlord won't give me a copy of my lease !

I rented a large 3 bedroom 1/2 house in Newburyport, Massachusetts back in May 15, 2008. I signed a 6 month lease with the landlord and then she told me that she had to make a copy for me and would have it for me the following day.

I started moving my things in that day. I have now been here for 2 months, asking her for a copy of the lease at least 10 times. She is now telling me that she's not going to give me a copy of the lease.

Is that legal?

I have read on a couple of web-sites that a landlord has to give the tenant a copy within 30days of signing the lease and I told the landlord this, but the landlord doesn't care.

She still refuses. It has put a strain on our landlord tenant relationship and now I don't even feel comfortable living here!

What can I do?? Is it really illegal to not give the tenant a copy?

Does she give any reason for not providing a copy? It is illegal in most states but I can';t say for sure in MA. However, you will be moving out in 3 months so I'm wondering if its worth filing a complaint. I have a suspicion that you may have more troubles when you move and want your security back.

Quote:

Originally Posted by gioiaclarke78

I rented a large 3 bedroom 1/2 house in Newburyport, Massachusetts back in May 15, 2008. I signed a 6 month lease with the landlord and then she told me that she had to make a copy for me and would have it for me the following day.

I started moving my things in that day. I have now been here for 2 months, asking her for a copy of the lease at least 10 times. She is now telling me that shes not going to give me a copy of the lease.

Is that legal ? ? ? ? ?

I have read on a couple of web-sites that a landlord has to give the tenant a copy within 30days of signing the lease and I told the landlord this, but the landlord doesnt care.

She still refuses. It has put a strain on our landlord tenant relationship and now I dont even feel comfortable living here ! ! ! !

What can I do ???? Is it really illegal to not give the tenant a copy ? ? ?

I'd write her a letter - get a receipt. Advise her that you cannot live within the terms of the lease when you don't know what the terms are.

It will protect you in the future - and then if she does not give you a copy, then you can decide what to do next. If you are looking at this as a means of getting out of your lease I don't know if it's legal cause. In theory both should have signed two copies - one for you, one for her, not one to be photocopied. You would have no way of knowing (if she photocopies and provides a copy) if what you signed is actually what you are handed with no additions/omissions.

Quote:

Originally Posted by gioiaclarke78

I rented a large 3 bedroom 1/2 house in Newburyport, Massachusetts back in May 15, 2008. I signed a 6 month lease with the landlord and then she told me that she had to make a copy for me and would have it for me the following day.

I started moving my things in that day. I have now been here for 2 months, asking her for a copy of the lease at least 10 times. She is now telling me that shes not going to give me a copy of the lease.

Is that legal ? ? ? ? ?

I have read on a couple of web-sites that a landlord has to give the tenant a copy within 30days of signing the lease and I told the landlord this, but the landlord doesnt care.

She still refuses. It has put a strain on our landlord tenant relationship and now I dont even feel comfortable living here ! ! ! !

What can I do ???? Is it really illegal to not give the tenant a copy ? ? ?

There's a link to each state's landlord/tenant property code in a sticky at the top of this forum. Check to see what that says.

Just out of curiosity, has she told you WHY she won't give you a copy? I just wonder if she's lost it and is too embarrassed to admit it, or afraid you'll move out sooner if there's "no" lease. I cannot think of any reason NOT to give a tenant a copy of the lease.

I do my leases like Judy suggested... 2 originals - one for each party. For future reference, I wouldn't leave a lease signing without a copy at least.

My landlord is a wonderful woman, just a total drunk; which I didn't know until I moved into the property. She never gave me a real reason for not giving me a copy of the lease. (I have always signed 2 copies, one for them and one for me) but this time she said she was going to make a copy & then give it to me the following day. Well that never happened ! I have sent my husband over to her on numerous occasions and she says she's not going to give us a copy. So I wrote her a letter with the law I found online attached, here it is :

The landlord also must give you an executed copy of the rental agreement within 30 days of your signing it (940 CMR 3.17 (3)). You and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to get all terms in writing.

And she still refuses to give me a copy. The hardest part of all this is that she's my neighbor, since the house is a duplex, so I see her every single day! Ontop of that the lock to me slider to my back door was broken when I moved in and she ordered is before I moved in, well Im still waiting for that to be installed, 2 months later.

Here is the copy of one of the letters I sent her, with no resolution. I figured it may give everyone a little heads up on what Im dealing with ! Please let me know what you think about my situation, PLEASE!

Dear Sharon,

I am not writing this letter to stir up any trouble between us ! I really love the apartment and really like you as a person ! Myself and my husband just have made numerous attempt talking with you about the issues below without resolution. I figured I may get things fixed sooner with a letter.
I am writing you this letter on Monday, July 14, 2008 because of continued conversations with you regarding my back door sliding door lock. I understood that the back sliding door lock needed to be replaced on May 15, 2008 before I moved in, because the previous tenant had broke the lock.
When I moved in on Saturday, May 17, 2008 and signed the lease, you told me that the lock was ordered and would be fixed before June 1, 2008. That never happened. On 5 occasions you stated that lock had arrived and that the locksmith would be here each week. We are now at July 14, 2008 and I am still waiting for my back door lock. This has forced me to put a piece of wood in the back door as a lock and exit out my front door. As you know, I have two small children and it is very difficult and dangerous to enter and exit from the front door and walk around the house on a street without a sidewalk to my vehicle. It is also very difficult to unload groceries from the driveway in the back and walk them around the house through the front door all the way to the back of the house to the kitchen. I have always paid my rent on time without issue and all I am asking for a lock on my back door !

I am also writing you this letter because I continue to have an issue with you for not giving me a copy of my lease ! I signed a 6 month lease on May 17, 2008 (lease period May 15, 2008 through November 15, 2008) and you told me the evening I signed the lease that you didn't have a printer / copier and were going to make a copy and then deliver it to me the following evening. When that never happened, I sent my husband over to pick up the copy and you told him that you never had any intention of giving me a copy and weren't ever going to give me a copy. I have told you on numerous occasions that its my right to have a copy of my lease and that I looked on the internet and it says, not giving a tenant a copy of the lease wasn't legal and it was your responsibility to give your tenant a copy within 30 days. You told me that you still were not going to !
I am writing you this letter with the attached law about the tenants right to have a copy of the lease, which is below.
The landlord also must give you an executed copy of the rental agreement within 30 days of your signing it (940 CMR 3.17 (3)). You and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to get all terms in writing.
I hope these issues are cleared up and hope we continue to have a wonderful landlord / tenant relationship.

Sincerely,

Gioia

Well, it sounds like you'd probably have to file a suit against her to get her to do the things you're requesting at this point. You're definitely entitled to a copy of the lease and entitled to have the lock fixed. It's the enforcement part that's the problem.

You'll just have to weigh out what you want to do. You can take her to court and probably win (it may very well require to separate cases - one for $$ (to fix lock) and the other for the judge to order her to give you a copy). But like you said, if you do so it will further strain your relationship. And if you win she may still not comply.

You could just move and take your chances that she won't come after you. (Although she would be entitled to do so since you'd be breaking the lease (that she probably still has a copy of.) Or you can just suck it up, give your 30 day notice 30 days before your lease is to expire, and go then and not look back.

I've learned from experience that just because one person violates part of a contract that doesn't give the other party the right to do so, too. Some judges will listen to the various breaches and give it some weight. Most won't. They still expect you to perform, even if the other party isn't. You have a good argument that it's hard to fulfill a contract that you were never given a copy of, but on the other hand if you signed it, you should have read it in full... You're just in a tricky spot... obviously.

Quote:

Originally Posted by gioiaclarke78

My landlord is a wonderful woman, just a total drunk; which I didnt know until I moved into the property. She never gave me a real reason for not giving me a copy of the lease. (I have always signed 2 copies, one for them and one for me) but this time she said she was going to make a copy & then give it to me the following day. Well that never happened ! I have sent my husband over to her on numerous occasions and she says shes not going to give us a copy. So I wrote her a letter with the law I found online attached, here it is :

The landlord also must give you an executed copy of the rental agreement within 30 days of your signing it (940 CMR 3.17 (3)). You and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to get all terms in writing.

And she still refuses to give me a copy. The hardest part of all this is that shes my neighbor, since the house is a duplex, so I see her every single day ! ! ! ! Ontop of that the lock to me slider to my back door was broken when I moved in and she ordered is before I moved in, well Im still waiting for that to be installed, 2 months later.

Here is the copy of one of the letters I sent her, with no resolution. I figured it may give everyone a little heads up on what Im dealing with ! Please let me know what you think about my situation, PLEASE ! ! ! !

Dear Sharon,

I am not writing this letter to stir up any trouble between us ! I really love the apartment and really like you as a person ! Myself and my husband just have made numerous attempt talking with you about the issues below without resolution. I figured I may get things fixed sooner with a letter.
I am writing you this letter on Monday, July 14, 2008 because of continued conversations with you regarding my back door sliding door lock. I understood that the back sliding door lock needed to be replaced on May 15, 2008 before I moved in, because the previous tenant had broke the lock.
When I moved in on Saturday, May 17, 2008 and signed the lease, you told me that the lock was ordered and would be fixed before June 1, 2008. That never happened. On 5 occasions you stated that lock had arrived and that the locksmith would be here each week. We are now at July 14, 2008 and I am still waiting for my back door lock. This has forced me to put a piece of wood in the back door as a lock and exit out my front door. As you know, I have two small children and it is very difficult and dangerous to enter and exit from the front door and walk around the house on a street without a sidewalk to my vehicle. It is also very difficult to unload groceries from the driveway in the back and walk them around the house through the front door all the way to the back of the house to the kitchen. I have always paid my rent on time without issue and all I am asking for a lock on my back door !

I am also writing you this letter because I continue to have an issue with you for not giving me a copy of my lease ! I signed a 6 month lease on May 17, 2008 (lease period May 15, 2008 through November 15, 2008) and you told me the evening I signed the lease that you didn’t have a printer / copier and were going to make a copy and then deliver it to me the following evening. When that never happened, I sent my husband over to pick up the copy and you told him that you never had any intention of giving me a copy and weren’t ever going to give me a copy. I have told you on numerous occasions that its my right to have a copy of my lease and that I looked on the internet and it says, not giving a tenant a copy of the lease wasn’t legal and it was your responsibility to give your tenant a copy within 30 days. You told me that you still were not going to !
I am writing you this letter with the attached law about the tenants right to have a copy of the lease, which is below.
The landlord also must give you an executed copy of the rental agreement within 30 days of your signing it (940 CMR 3.17 (3)). You and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to get all terms in writing.
I hope these issues are cleared up and hope we continue to have a wonderful landlord / tenant relationship.

Sincerely,

Gioia

Myself - and I've written a lot of legal documents - I would go into far less detail. She promised to repair the lock on X. She has not despite several reminders. You don't need to tell her why it's important.

You don't not have a copy of the lease, which she promised she would send - despite several reminders.

Whatever else.

If she doesn't do this you are going to do that. (if that's an option)

Written words meant sincerely can come back and bit you big time.

Just a thought and obviously everyone has their own style -

The problem here is while the law specifies that she has to provide a copy it offers no penalty for non compliance.