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    mmallett1's Avatar
    mmallett1 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 25, 2007, 12:33 PM
    Is my lease valid?
    I signed a lease 2 weeks ago for an apartment in Fargo, ND for a move in date of August 1, 2007. I didn't get it in writing, but I was told that I could move in on July 25, as I am planning on being on vacation until August 1 and I need to be out of my current apartment before then. The property manager called me two days later and said they sold the complex to another company and that they would call me back with the name of the new owners and their phone numbers. However, nobody has contacted me since. I have called the old managers numerous times and left 5 messages over the past week requesting their assistance. However, no one has returned any of my calls. I've gone to the complex in the hopes that there would be a different contact/phone number posted, but there is nothing. Additionally, I looked at the lease and I'm the only one who signed it (as in the property manager/owner didn't sign it). Today I saw in my bank account that the deposit check was cashed by the old owners on the 23rd of July. Since I need to be out of my apartment soon, I'm now very worried that I don't actually have a new place to live. My question is, has there been a breach of contract on their part? Does a contract even exist since they didn't sign the lease? I need to know very soon if I need to find another apartment, but I don't want to sign another lease if I have this one to fulfill. Any advise would be appreciated! Thanks!
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #2

    Jul 25, 2007, 12:36 PM
    My thoughts on this are that it was a scam. If the property had been sold there would have to be some sort of formal notice to current and potential leasee's.

    I also believe that since the Owner did not sign the lease it may not be valid. I would gather together all of my information and take a trip to the local police station. I might be wrong, but you should try to cover yourself.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 25, 2007, 12:40 PM
    Glinda has a point. This could be a scam. I would definitely go to the police and ask them to investigate. They can check to see if the people who cashed the check had a right to rent the property and if the property was sold.

    Did you get a set of keys? Did you check to see if the apt is vacant. If you were given a set of keys and you have a lease and they cashed your check, you should be able to move in as long as they had the right to rent the unit.
    mmallett1's Avatar
    mmallett1 Posts: 2, Reputation: 1
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    #4

    Jul 25, 2007, 12:48 PM
    I did get to check out the vacant apartment, but I did not receive a set of keys. Am I going to be able to get my deposit back? And am I free to sign a new lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jul 25, 2007, 12:52 PM
    I would first check with the police. If they determine it's a scam, then you are free to sign a new one. Whether you get the deposit back is another issue. I would be heading for the police station NOW!

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