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    booksmarties13's Avatar
    booksmarties13 Posts: 1, Reputation: 1
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    #1

    Aug 11, 2009, 11:20 AM
    Can I legally leave my apartment if management ask me to sign a new lease?
    I recently signed a one year lease on the first of July. Since my fiancé and I moved in we have had three annual inspections in one month. The last time I checked annual meant yearly. I confronted them about the inspections and even wrote a letter saying that I did not want to be harassed every other week and day and that I wanted the inspections to come to a hault. The management told me as long as I am living there I will be harassed every week and every day if they wanted to do an inspection because it is perfectly legal and as long as they put a notice on my door they could harass me everyday. Three days ago I get another note on my door saying that we need to come to the office immediately to sign a paper to complete our move-in. I don't understand how we can complete a move-in if we have already moved in and signed a lease. Just yesterday we receive a phone call from the manager saying that it isn't a paper it's a brand new lease! Apparently they are taking out a component of the lease so they are asking every resident to come to the office and sign a brand new lease. I wanted to know since I have been constantly harassed just in the month and a half that I been there, could I actually leave the apartment without paying any penalties for breaking the lease. I figure the lease can't be broken if there is no lease to break.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 11, 2009, 11:52 AM

    I think they could still hold you to the original lease.
    What they are doing sounds fishy and not so legal to me.
    My guess is that maybe they added a part to the lease saying they can do inspections whenever they please with notification.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 12, 2009, 07:48 AM
    You currently have a lease, and they can't make you sign a new one.

    Their constant inspections are abusive and a violation of law.

    If you want out of the lease, hand them a letter demanding that they cease and desist from this practice and that if they don't they will be considered in breach of the lease. If this happens you should give them notice that you will move out. You may have to sue them to get your deposit, etc. You can also sue them for the abusive inspection practice.

    Talk to a lawyer in your jurisdiction.

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