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zmacllc · Oct 27, 2015, 06:35 PM

I'm taking over a lease that has 6 months left on it. I move in Nov 1 and it's not a sublet because the leasing office is fully aware of the agreement between me and the old tenant and they have given me a new lease which I signed and is in my name only. The apartment is in Alexandria, Virginia and it's a professionally managed building. They charged a $400 non-refundable "transfer fee" but no security deposit. I've asked when I could do the move-in inspection because I obviously don't want to be responsible for any damage the last tenant caused and I can't be sure they did a move-out inspection with her. Now that the lease is signed the leasing agent is now saying "Management has decided they're not conducting an inspection as this is considered a lease take over on an existing lease" and that "the apartment is being rented as is" (exact words). Is this legal? There's nothing else in writing that says I agree to moving in to an As Is apartment and the lease specifically says a move-in inspection occurs within 5 days. This can't be right because I thought the lease was the legally binding contract. Am I correct on this? And if they refuse to do a move-in inspection what's my recourse? I've already given notice to the old apartment so I have to move.

smoothy · Oct 27, 2015, 09:12 PM

They are the owners and hold all the cards, Virginia isn't DC. When you take over the existing lease you are assuming all responsibility, I don't think your really have a new lease you alluded to... just papers transferring the old one into your name. Not the same thing. Your recourse is if you don't like the terms... you can always find another place. If you were signing a NEW lease... it would be different and there probably would be one along with a deposit requirement because THEN it would be from a clean slate.

talaniman · Oct 27, 2015, 10:02 PM

Record your own walk through before you move your stuff in.

Fr_Chuck · Oct 27, 2015, 10:29 PM

Yes it is legal, in fact many landlords do not ever do move in inspections.
You are, it appears talking over the lease of the other person, so you may find yourself libel for damages he did.
You can 1. refuse to finish the lease and demand all payments back, because they refuse to do the inspection. But it appears, the deposit given by the person you are taking over for, is being keep for your lease ? This is an issue you need to know about also. Is the other renter getting his deposit back? If not, does he get it, when you move out ?

If you decide to move in, you should do your own inspection, with photos, and send a copy of it, to the landlord,

ma0641 · Oct 28, 2015, 12:52 PM

Originally Posted by talaniman

Record your own walk through before you move your stuff in.

Yep, just use your phone and video all the rooms and carpet. Make sure the date is correct.

smoothy · Oct 28, 2015, 12:55 PM

Except that they are taking over an existing lease... which makes their baseline when THAT lease started... not the point THEY moved in. Maybe not a big issue... but maybe it is.

tickle · Oct 28, 2015, 05:41 PM

Originally Posted by talaniman

Record your own walk through before you move your stuff in.

Pictures of every room should be done.

ScottGem · Oct 29, 2015, 05:05 AM

As noted, they may have given you a standard lease, but the fact that this is a takeover would appear to make their point legal. And the fact that you are taking over the lease may make you liable for any damages even if not caused by you.

jackson21 · Oct 30, 2015, 09:05 PM

You can look up the procedure in your state (you obviously know how to do so, since you quoted one already) for making a demand for deposit after you move out. Do what it says. Be sure to take lots of pictures at move out showing that you left the place in good clean condition. Alternately, you could just move out and not clean and not repair anything, and then write off your deposit as gone.

smoothy · Oct 30, 2015, 09:13 PM

Originally Posted by jackson21

You can look up the procedure in your state (you obviously know how to do so, since you quoted one already) for making a demand for deposit after you move out. Do what it says. Be sure to take lots of pictures at move out showing that you left the place in good clean condition. Alternately, you could just move out and not clean and not repair anything, and then write off your deposit as gone.

Did you read their post? They have no deposit, they paid a fee to take over another persons lease... and legally they assume the responsibility to return the property as it was when the ORIGINAL leaseholder assumed it. If there was damages by others they can be held liable for them.

And they can be sued for the costs to repair damages beyond normal wear and tear even if it was by the others. That's the risk of taking over someone else's lease.