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    SASLCLX's Avatar
    SASLCLX Posts: 5, Reputation: 1
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    #1

    Jun 2, 2011, 12:15 AM
    Which takes legal precedence: a 60-day notice or back-dated lease renewal?
    I provided a 30-day notice, in accordance with my present lease just as it was about to expire. The next month I informed him I changed my mind and decided to stay, but the topic of renewing the lease never arose. Evidently the landlord had already agreed to rent to someone else and accepted a cash deposit from that person. He is now being sued because he refuses to return any money claiming it was given to his crooked partner and not him and never received. He has since asked me to "cover" for him by saying I renewed my lease, not to even mention that I gave a 30-day notice, and to sign a new agreement that is back-dated, which he plans to provide in court. I really don't want to get in the middle but I know I will be dragged into it because I've already received a call from the other party's attorney. In a case like this, is the "back-dated lease" legal, or would the court say the 30-day notice (IF they find out, which I'm sure they will because they're lawyers) negate that? I really didn't want to be bound to another full year and I'm afraid I'll end up in court with my landlord as well over this lease. I also didn't want to move.
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    SASLCLX Posts: 5, Reputation: 1
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    #2

    Jun 2, 2011, 12:32 AM
    Correction to title: 30-day lease
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jun 2, 2011, 05:28 AM
    An illegal maneuver like that shouldn't even be considered, especially when lawyers and courts are involved.
    Tell the truth! (Although I disagree that they will find out about your 30 day notice just because they are lawyers.)
    But you got your landlord into this mess, and you should plan on moving out ASAP. JMHO, not because of any legal reason. As your landlord I know I would not like you one bit, and would at the very least raise your rent to cover lots of expenses. Depending on the state, there may be laws governing rent increase %.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 2, 2011, 05:33 AM
    Quote Originally Posted by SASLCLX View Post
    ... He has since asked me to "cover" for him by saying I renewed my lease, not to even mention that I gave a 30-day notice, and to sign a new agreement that is back-dated, which he plans to provide in court.
    ...
    Honesty is the best policy. And if you are sworn to "tell the truth, the whole truth, and nothing but the truth," that goes triple. Perjury is a crime.

    Don't fib. Either now or if you are called to testify. Don't do it. And don't sign a back-dated lease. That would be fraud under these circumstances. And fraud can also be a crime.

    Quote Originally Posted by SASLCLX View Post
    ... In a case like this, is the "back-dated lease" legal, or would the court say the 30-day notice ...
    You didn't finish this question. But I don't think one can predict what a court will say. It depends on the totality of evidence and argument produced at trial.

    Frankly, I don't see what all of this has to do with the landlord's defense. A deposit was taken by a crooked partner. Whether he later renewed with you is beside the point.

    Quote Originally Posted by joypulv View Post
    ... (Although I disagree that they will find out about your 30 day notice just because they are lawyers.) ...
    I agree with joypulv's disagree. But if they do find out, they will know how to ruin your day.
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    #5

    Jun 2, 2011, 01:00 PM
    Comment on AK lawyer's post
    Hi AK Lawyer,

    Let me rephrase my question. If I offered a 30 day notice in writing on March 1st, then on April 1st signed a lease dated March 1st, is said lease legal and binding? Or does the 30 day notice negate its validity?
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