[Heather Moody]

My fiancé and I moved into an apartment in November of
2011. We never signed a lease. Recently a man knocked on the door spoke to my fiancé and informed him that he would probably be taking over the building.
A week later we found a lease taped
To our front door with the lease agreement only having my fiancés name on it and the lease dates are from January 2013 till January 2014. Are we in any way obligated to sign the lease? The rent was not increased on the lease but I don't feel comfortable signing a lease with this landlord who had nothing to do with the building for more than half the length of the lease. Please help!

[smoothy]

No you aren't obligated... but unless you do you are a month to month tenant... which means they can give you notice you have to leave... which is 30 days most places.(except Florida and California). And you would have to move.

[excon]

Hello Heather:

Are we in any way obligated to sign the lease? The rent was not increased on the lease but I don't feel comfortable signing a lease with this landlord who had nothing to do with the building for more than half the length of the lease. Please help!

No, but if you don't, when he takes over, he can give you a 30 day notice to vacate.

You talk about him not being there during your lease... But you don't HAVE a lease. You have an unsigned piece of paper.

Excon

[ScottGem]

Ask him why the lease is backdated? Tell him you are willing to sign a lease for a year starting with October 2013.If he wants all his leases to be for a calendar year, tell him you will sign a lease from October to December and then sign a renewal in January or that has a clause that renews for one year automatically unless notice is given.

But as noted, you are not obligated to sign a backdated lease. Also make sure you have proof that he is the owner of the building.

[bobaloo52]

You will have to sign the new lease unless you are prepared to move in 30 days. I would document the actual dates, and all related details, for future reference, in the event of dispute, and or litigation.

[ScottGem]

You will have to sign the new lease unless you are prepared to move in 30 days. I would document the actual dates, and all related details, for future reference, in the event of dispute, and or litigation.

Please don't scare them. You have no clue what the intent of the new landlord is. While it is possible that the landlord will give them notice, They may have more than 30 days. There are other alternatives like I suggested. But the important thing is to open a dialog with the landlord.

[bobaloo52]

It's true, you don't know the intent of the new landlord, I caution any dispute in the beginning of your new relationship.
A landlord with good intent would never ask anyone to sign a document that was inaccurate, therefore rendering the document unenforceable in a court of law.
That is why I said to document everything, including photocopy all documents.
And yes, it is imperative to positively identify a new property owner!

[bobaloo52]

You will have to sign the new lease unless you are prepared to move in 30 days. I would document the actual dates, and all related details, for future reference, in the event of dispute, and or litigation.

Let me explain in a different way, my original answer was kind of a short cut to what might happen if you didn't sign.
The fact is you absolutely don't have to sign! But, be prepared to fight a retaliatory eviction, incurring legal expenses, time spent in court. Is it worth it?
It very well could be if you prevail, a gamble at best.

[smoothy]

Let me explain in a different way, my original answer was kind of a short cut to what might happen if you didn't sign.
The fact is you absolutely don't have to sign! But, be prepared to fight a retaliatory eviction, incurring legal expenses, time spent in court. Is it worth it?
It very well could be if you prevail, a gamble at best.

How could it be considered retaliatory? The landlord owns the property... if the tenant has no lease, the landlord has every right to refuse to renew the month to month lease for the current tenant for any reason at all. And to get someone in who is willing to be there for a longer period. This is in their best interest. Knowing they won't have to plan for a vacancy or advertize to rent a vacant property out. Right now the tenant could decide to give a notice with the next rent check they will leave at the end of that month.

In most of the country that doesn't fall under rent control... the tenant would lose every time. And in places that does have it... a smart tenant would want a written lease.

Some landlords might be fine with it... others might prefer written leases.

[ScottGem]

Let me explain in a different way, my original answer was kind of a short cut to what might happen if you didn't sign.
The fact is you absolutely don't have to sign! But, be prepared to fight a retaliatory eviction, incurring legal expenses, time spent in court. Is it worth it?
It very well could be if you prevail, a gamble at best.

Where do you get "retaliatory" from? The OP currently has no lease. Apparently the previous owner ran his business more loosely. The new owner, wants to be more business like. The ONLY problem here is the term of the new lease. The fact that its backdated raises a flag.

But the OP is not risking anything more than exists now because she currently is on a month to month arrangement. So she currently could be given a vacate notice. Not signing doesn't change that.

But because the lease was backdated, they should not sign. They should find out why it was backdated and work on a change.

We pride ourselves on the quality of the advice given here. Please be more careful with your advice.

[joypulv]

bobaloo52, when you are wrong it's best to admit it.
Don't try to 'explain in a different way.' And you just got in deeper anyway.