Never received lease

Status
Not open for further replies.

unhappyrenter

New Member
I entered into a leasing contract several months ago, and some incredibly shady situations have arisen. When we first got the lease, we did it through a faculty member at our school in Pennsylvania. We made it very clear that we were only going to be here for this semester and then we were going to be gone. We had our lease prorrated so that we could get the exact length lease which we desired. We wanted a 3 month lease, which we got, prorated for a few days so that we would have it for the whole semester. However, in the contract, they included a stipulation which stated if landlord or tenant does not give 60 days notice of a desire to terminate the lease, it will automatically renew for a full year. That is the first shady part, renewing for a year on a 3 month lease. However, we did sign this so I'm not sure what remedies we have. Next, they never notified us (other than in the lease) that we were required to notify them. They never gave us warning that the 60 days was coming up or anything for us to know of this. Also, they never gave us a copy of the lease. When I confronted the manager about this problem, she stated that the lease was in the office all along, we could have picked up a copy at any time. That didn't seem right, but I wasn't sure. We finally received a copy of the lease about 15 days into the last 60 days of the lease. So, at that point it was already too late. Now, they are trying to either find replacement tenants, or pay all the money for the year upfront and get the remainder prorrated back if they happen to lease it out, or forfeit our security deposit and pay a full months rent cancellation fee. Needless to say, these options are not very enticing and we do not want to pay any extra money. I was also wondering, if we did do the last option, what can they do about collecting for damages. Any information would greatly be appreciated. Remember, this is in Pennsylvania if that matters.

On a side note, on the new Early Lease Temination Agreement, they put the expiration date to be 12/31/06 which would mean we have it for another 2 years. Then, under that, one option states;
*** are my coments for you to understand better what I am pointing out
"Lessee agrees to pay the balance of rent from the vacate date of 1/31/05 (***Which is odd because it should be 12/31/04) through the balance of the lease which amounts to $16,188.00 (***one years rent) plus electric. Lessee is still responsible for payment of any outstanding rent or electric through the vacate date of 12/31/06. All moneys to be paid by certiied check or money order."

I was wondering if we wanted to, could we essentially screw them by paying one years rent and getting 2 years worth of rent? Probably wouldn't do it anyway.... but thought it would be interesting if we could.

Thank You for any help you can provide
 
unhappyrenter said:
I entered into a leasing contract several months ago, and some incredibly shady situations have arisen. When we first got the lease, we did it through a faculty member at our school in Pennsylvania. We made it very clear that we were only going to be here for this semester and then we were going to be gone. We had our lease prorrated so that we could get the exact length lease which we desired. We wanted a 3 month lease, which we got, prorated for a few days so that we would have it for the whole semester. However, in the contract, they included a stipulation which stated if landlord or tenant does not give 60 days notice of a desire to terminate the lease, it will automatically renew for a full year. That is the first shady part, renewing for a year on a 3 month lease. However, we did sign this so I'm not sure what remedies we have. Next, they never notified us (other than in the lease) that we were required to notify them. They never gave us warning that the 60 days was coming up or anything for us to know of this. Also, they never gave us a copy of the lease. When I confronted the manager about this problem, she stated that the lease was in the office all along, we could have picked up a copy at any time. That didn't seem right, but I wasn't sure. We finally received a copy of the lease about 15 days into the last 60 days of the lease. So, at that point it was already too late. Now, they are trying to either find replacement tenants, or pay all the money for the year upfront and get the remainder prorrated back if they happen to lease it out, or forfeit our security deposit and pay a full months rent cancellation fee. Needless to say, these options are not very enticing and we do not want to pay any extra money. I was also wondering, if we did do the last option, what can they do about collecting for damages. Any information would greatly be appreciated. Remember, this is in Pennsylvania if that matters.

On a side note, on the new Early Lease Temination Agreement, they put the expiration date to be 12/31/06 which would mean we have it for another 2 years. Then, under that, one option states;
*** are my coments for you to understand better what I am pointing out
"Lessee agrees to pay the balance of rent from the vacate date of 1/31/05 (***Which is odd because it should be 12/31/04) through the balance of the lease which amounts to $16,188.00 (***one years rent) plus electric. Lessee is still responsible for payment of any outstanding rent or electric through the vacate date of 12/31/06. All moneys to be paid by certiied check or money order."

I was wondering if we wanted to, could we essentially screw them by paying one years rent and getting 2 years worth of rent? Probably wouldn't do it anyway.... but thought it would be interesting if we could.

Thank You for any help you can provide

I'm confused. If you KNEW the terms after reading the lease, why did you sign it? Not getting a copy of the lease isn't a defense and wasn't the problem. The problem was that you signed it when you didn't have to, especially if you knew the terms were incorrect.

What you need to do is find suitable replacement tenants so that you won't have to pay for the following year. You should probably send a written letter, certified mail, to the landlord/office to make sure that the situation is documented that they made a mistake with the terms on the lease and that you are terminating immediately. This doesn't necessarily get you out of the lease but will minimize damages.

Note -- the landlord has no obligation whatsoever to let you know that the 60 day renewal period was coming up so you have the ability to opt out. The obligation was on you. Moreso, if you didn't want to renew, why did you sign the lease? I'm sorry about your situation but this one could have been avoided and hopefully you'll be able to have an amicable resolution but it may cost you. It's not the landlord's fault if he really didn't know the situation either and he may not have been completely familiar either.
 
Status
Not open for further replies.
Back
Top