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New Lease with Different Terms

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  • 10-05-2007, 09:29 PM
    ib98
    New Lease with Different Terms
    Sorry this is long.

    In May 2006 our rental property (in PA) was sold to a new owner, who lives in another state (NJ). We have been under the terms of our original lease (from 2002), which has been month-month since 8/2003. The current owner has just now provided a new lease, 15 months after purchase, with terms that are different from our previous owner's lease. I need help with understanding our rights as tenants and learning what to do to dispute the terms of the new lease. I'm assuming this is a "standard" form lease with only the name and address changed to identify us and our unit, like it hasn't been tailored to "us".

    1a. We have two dogs that were part of our original lease. New owner knew of the dogs and was okay with them when property was purchased.
    1b. We had a fish aquarium prior to the sale of the property.
    1c. New terms of lease state no pets and no fish tanks.
    Can they force us to move because of the pre-existing pets?

    2a. We have had a washer and dryer in our unit since the day we moved in. We have since replaced the pair that was here when we moved in with newer (used) models.
    2b. New terms of lease state no washing machine or clothes dryers.
    Can they enforce this if the machines are pre-existing?

    3. The new lease does not contain the amount of security deposit. This was paid to the previous owner.
    I'm assuming that our deposit transferred to the new landlord. What amount should be in this space? The amount noted on our original lease?

    4. The new lease was effective 8/1/07, but was not delivered until 10/1/07. Does this void any agreement? Per verbal notice more than 30 days in advance, we have paid the increased rent and addition of 1/2 the buildings water/sewer bill (under protest, but I don't want to give the landlord any reason to not keep us here).

    5. The original lease included water and heat. We had been paying a "surcharge" of $42 to the old LL for the heating oil (due to oil prices doubling in two years' time), but never had a formal rent increase. This was never in writing, and was assumed the price of rental to the new LL, the amount we have paid each month since transfer.

    The new landlord has increased our rent by 5% PLUS has required that the water/sewer be split 50/50 with the other tenant as of 8/1/07. The new lease states that the tenant pays water and that the landlord pays sewer) water and sewer are billed together in this city). Can we fight to get back the sewer portion of the 50% we paid? There is only one water meter and one furnace serving both units.

    The new landlord seems to be shocked at the cost of heating and the water/sewer charges. From the few copies forwarded to us, the amounts do not seem out of line compared with similar homes in the area.
  • 10-07-2007, 09:35 AM
    Mr. Knowitall
    Re: New Lease with Different Terms
    Your landlord can require a new lease as a condition of your continued tenancy. If you don't like the new terms and are unable to negotiate mutually acceptable terms, either of you can terminate the tenancy upon proper notice.

    The security deposit amount wouldn't change merely because the new lease doesn't specify the sum.

    Whatever the date(s), the lease isn't effective until you sign it. You can negotiate a different start date. A new lease can change various terms relating to rent and utilities, as long as it is consistent with any state laws or local ordinances restricting rent increases.
  • 10-08-2007, 05:41 PM
    ib98
    Re: New Lease with Different Terms
    Thanks Mr. Knowitall. Further questions/comments contained after your responses.

    Quote:

    Quoting Mr. Knowitall
    View Post
    Your landlord can require a new lease as a condition of your continued tenancy. If you don't like the new terms and are unable to negotiate mutually acceptable terms, either of you can terminate the tenancy upon proper notice.
    What method do we use to communicate the changes that we want made? Since they are three hours away in another state there is little face to face contact. The LL wants the signed lease returned postal mail (at our expense). The LL managed to hand deliver one day while we were at work. Do we call and request the revisions? (prefer not to call because it is just infuriating to speak with these people. they don't seem to have a clue)

    The security deposit amount wouldn't change merely because the new lease doesn't specify the sum.
    Our worry is that when the time comes for us to end the lease that the omission of the deposit amount could be an issue.

    Whatever the date(s), the lease isn't effective until you sign it. You can negotiate a different start date. A new lease can change various terms relating to rent and utilities, as long as it is consistent with any state laws or local ordinances restricting rent increases.
    The LL has complained on numerous occasions about the cost to heat the building (the oil furnace provides heat in winter and hot water year round) and the amount of the water bill (I don't know that they've noticed that the water and sewer are combined). Nothing has changed our usage or the 2nd unit's usage since this LL acquired the property. We do not think that this new LL realizes the heating and water costs in this town for a 100 year old building with 8 occupants.

    :rolleyes: :confused: :wallbang:
  • 10-08-2007, 09:36 PM
    Mr. Knowitall
    Re: New Lease with Different Terms
    You communicate by whatever means you have - mail, phone, fax, etc.
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