Ask Experts Questions for FREE Help !
Ask
    pcphil's Avatar
    pcphil Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 1, 2006, 03:46 AM
    Apartment contracts
    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?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Sep 1, 2006, 03:56 AM
    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.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #3

    Sep 1, 2006, 04:10 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 1, 2006, 06:23 AM
    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.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #5

    Sep 1, 2006, 06:49 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Sep 1, 2006, 09:02 AM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Sep 1, 2006, 10:58 AM
    Quote 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.
    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.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #8

    Sep 1, 2006, 06:19 PM
    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.
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
    Junior Member
     
    #9

    Sep 1, 2006, 07:12 PM
    In PA, a landlord can take away personal possessions too. There are regulations and or stipulations as to what the landlord make off with.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #10

    Sep 1, 2006, 08:07 PM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #11

    Sep 2, 2006, 06:36 AM
    Quote 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.
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Baseball contracts [ 2 Answers ]

I am needing to know if a baseball player can sign a major league contract for any time frame including less than a year? Is there any rule, policy, etc. against his doing so?

Fire Damage to Apartment - Landlord using to upgrade apartment [ 8 Answers ]

Earlier this year my apartment was minimally damaged by a fire. The exact cause of the fire is unknown, however it is believed that my cat knocked something onto the stove which then turned on and burned the basket. Fire damage to the apartment was restricted to the kitchen stove area. Smoke...

Execution of valid contracts [ 7 Answers ]

My question is: When one of the parties to a contract is a corporation, must an officer or agent of the corporation actually subscribe his or her signature to the document? More specifically, if a duly authorized agent or officer of a corporation merely stamped the written contract with a symbol...

Small uniform design company looking for contracts. Please help. [ 1 Answers ]

Please help, We make uniforms of any kind loking for somebody Who will be intrested. And if you know how to contact city officials for a bid. Help with advice. Andy-foxy@mail.ru


View more questions Search