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contruct · May 25, 2011, 04:23 PM

The apartment would like to replace the original lease signed by me, but not by them. Are they allowed to replace a lease if it is only signed by the tenant?

LisaB4657 · May 25, 2011, 04:48 PM

What do you mean by "replace"? They want you to sign a different lease? Are they trying to change the terms? If that's the case, tell them to request it from you in writing. Look it over carefully and don't feel pressured to agree to anything.

ScottGem · May 25, 2011, 05:22 PM

Have you moved in? If so how long have you lived there?

contruct · May 25, 2011, 05:31 PM

They would like me to sign a new lease that would nullify the original one which is signed by me but not by them. I did pay my deposit and sign my lease but have not moved in.

excon · May 25, 2011, 05:37 PM

Hello c:

The original lease wasn't valid unless signed by BOTH parties.. Therefore, they can offer a new one. If you don't mind the terms, and still want to move in, sign it. Otherwise, don't and demand your money back.

excon

contruct · May 25, 2011, 05:47 PM

Thank you. I wanted to make sure the apartment was not able to break the original lease by replacing it with a new unsigned one.

excon · May 25, 2011, 05:57 PM

Hello again, c:

I thought it was the ORIGINAL lease that wasn't signed... If it was, then IT'S valid.

excon

LisaB4657 · May 25, 2011, 05:58 PM

What's the difference between the new lease and the old lease? Are they trying to increase any of your costs?

contruct · May 25, 2011, 06:01 PM

The original lease was signed only by me and not the apartment. They are offering a new lease that would change the move in date.

LisaB4657 · May 25, 2011, 06:06 PM

So they're obviously not going to be ready in time. Do you want to wait? Or do you want to get out of the deal and find another place? If you're willing to wait you may be able to get some kind of concession out of them, such as one month free rent.

contruct · May 25, 2011, 06:16 PM

I am fine with the move in date that was proposed, however, I was under the impression that a new lease could not be used to replace an original lease that had been signed by the tenant.

LisaB4657 · May 25, 2011, 06:20 PM

If both parties agree then a new lease can be signed and the old lease destroyed. They may want a new lease because they want the term to be one year rather than 11 months. They may need to show a full year lease to their lender.

contruct · May 25, 2011, 06:21 PM

They had originally attempted to just change the lease with out my written approval and charge me more money for the change. They finally agreed that it was their mistake why I could not move in. They then proposed a new lease that would nullify the original.

LisaB4657 · May 25, 2011, 06:23 PM

They wanted to charge you for the change?? Lovely.

contruct · May 25, 2011, 06:24 PM

OK. I can agree to the new lease but could they not also change the original lease if all they had to do was change one day. They had tried it before without my consent. It seems it would be easier and in accordance to the TAA to write a new date and both manager and I initial.

excon · May 25, 2011, 06:26 PM

Hello again, c:

Keep in mind that these are the people you are BANKING on to keep their agreement with you over the LONG haul... They've already proven that they can't be trusted, and the lease hasn't even started yet.

I wouldn't live there.

excon

LisaB4657 · May 25, 2011, 06:26 PM

It might be easier but they may need to have a full year lease rather than an 11 month lease as a condition from their lender. It might be a condition of their loan that all leases be 12 month leases.

contruct · May 25, 2011, 06:39 PM

I would not want to live here after all the hassle they have put me through, but this issue did not arise until this week, and the move in date is next week, which is also when I would need to move out of my current apartment.

The place is very nice, unfortunately the manager and representatives cannot be trusted and do not know how to run an apartment business. That is why I was suspicious about them offering a new lease.

I will meet with them to discuss creating a new lease which would change the move-in date to one day earlier. I just would not want them to stick me with another charge like they have already tried to do.

excon · May 25, 2011, 06:43 PM

Originally Posted by contruct

I just would not want them to stick me with another charge like they have already tried to do.

Hello again, c:

You've got us in your corner.

excon

contruct · May 25, 2011, 06:44 PM

Thank you very much for your help. It is deeply appreciated.