anyone a landlord??

[Kjs]

Ok..I was not able to get on for a long time. Still, had to register again and hopefully will be able to transfer my old to my new. I am unable to read the entire posts, haven't been able to get to the original post, only replies.

Now my question if anyone is a landlord.

My easy child moved away in October 2006. he rented a room with two other tenants in a town about 150 miles away. This is a college town, and his room was near the college. Thus, he needed a parking permit to park his car. In order to get that he had to show a copy of his lease.

I moved his things there in November of 06. He asked to be added to the lease and asked for a copy of the lease. I have that original copy which he is not listed on at that time. The date of the lease was 8/06 - 8/07. He signed the lease in December of 06.

This past summer things just weren't working out well for him and he talked about moving home. He believed the lease was up in August but was planning on staying until January. unfortunately his car broke down, and he couldn't work without his car. So, he moved home in October 07.
He continued to pay rent through December 07. He wrote a 30 day notice, went and picked up his things last week. Nobody was there so he had to lock the doors.

Then...he recieved a letter from the landlord. It stated that he was responsible for rent until August 08. He enclosed a copy of the lease.
This lease had his name printed on it. However the signature page was separate and the DATE line was blank. No date. His signature was on that page.

He says he only signed one lease and that is when he was added to the lease. He thinks the landlord took his original signature and just added that page to this lease. He did not sign it.

Does he have any options?

 

[meowbunny]

It really depends on the laws in your state and what was in the original lease. Some have it that the lease extends on a month-to-month if someone stays beyond the original lease end date. Others state staying even one day later without written permission is an automatic extension of the lease.

Most states have the law that a tenant is responsible for the rent until the lease end so long as the landlord has made a good-faith effort to rent the property and is unsuccessful. Otherwise, the former tenant is responsible until a new tenant is found.

It sounds like the blank page issue is going to be a he said/he said kind of thing. Since the date is blank, it makes it difficult.

I'd check with an attorney about landlord-tenant laws in your state. Most attorneys will give you a free 30-minute consultation. Call your local bar association for a name if you don't know anyone.

 

[Big Bad Kitty]

Kjs,

I agree with Meowbunny, definitely seek legal counsel.

I am SO glad to see you. I have been wondering about you and thinking about Alex. Do give us an update when you can...

 

[Blondie]

Also -- You can look up the State Tenant-Landlord (or Landlord - Tenant, depending how it is phrased in your state) Laws in your state.

F.e., in my state it is a section of The State Code of Iowa. It's available on the Internet; or ours is in any case. According to one of the attorneys here, nearly all states have their State Codes posted on the Net.

And yes, I have been a landlord, both in my own right and jointly/managerially with my late father, after Mother passed in an auto accident in 1985, & my father was unable physically to cope with the properties.

Peruse the lease terms very carefully, to make sure that the landlord in your son's case isn't trying to pull a fast one or is just uninformed re your son's rights under this set of circumstances.

If he did not sign the original lease, then there is a good cahnce he cannot be held liable for the terms of said lease.

In any case, you may want to contact Legal Aid in your area...?

Much luck, hon. This can be a mess. difficult child Mia had to break her lease when the area she lived in became alarmingly unsafe (gunfire at night, drug dealers all over, and the like, Yeow!), and we had to pretty much demonstrate to the Property Management/holding company that they weren't dealing with uninformed doormat folks. It worked eventually.

Be strong! And best of good luck. Information is power, girl: Go gettem!

*hugs*

Blondie, been there done that on both sides of the issue

 

[LittleDudesMom]

You need to look into the regs for the locality where your son had the lease. Some leases renew after the initial term on a month-to-month basis or for the same term as the original lease unless notified in writting 30-60 days prior to the end of the lease term. That information however, would be in the original lease.

Read over the lease and see what it says regarding auto renewal. Additionally, if your son occupied the premisis for a particular amount of time (varies from state to state) without a lease, it could be assumed that there was an intended lease.

Sharon