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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Addendum to an Apartment Manager's Lease Allowing Termination

    My question involves landlord-tenant law in the State of: South Carolina

    My wife has been a resident property manager for sixteen years. Two years prior to her becoming the property manager, we became residents and have lived on this property ever sense. I, am the principal on the lease. Recently, the property was taken over my a management company from another state. She was told that because of her stellar record on this property, that she was being maintained by this company, given a raise, and asked to sign an addendum to our lease. In the body of this lease, is a paragraph stating that if she is terminated, that the management company can require her to vacate. It is important to note that as part of her new agreement, the apartment that we have occupied, will be provided at n/c. The addendum is printed with my name and her name written in. She signed the addendum and I did not. The addendum is made out to both of our names and only one of us signed it. Now, she has been terminated without cause, and they are dmeanding that we sign a new lease on a mon-to-month basis, or they will evict us. I am the principal, I did not sign the addendum, I consider this to be an illegal document. Help us.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Illegal Addendum

    Once your lease with the complex was up 1 or 1.5 years before mom became a manager, you became a month-to-month tenant. Unless you have signed another lease, since then, you continue to have that status. Mom sign an addendum, agreeing to vacate at any time if asked. It may also changed her lease status to free. They are attempting to undue the lease she signed and restore both of you back to the month-to-month status you were at before she signed the addendum. This has the force and effect of you reaffirming your obligation to pay rent.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Addendum

    Your present lease term is what? A term of years, ending when? Or is it month-to-month already?

  4. #4
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Illegal Addendum

    Present lease is a one-year lease which expires in July (2012)

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Addendum

    If you and your spouse have a jointly executed lease ending in July, and only your spouse signed a document agreeing to amend the lease, then (assuming you're otherwise in compliance) from what you have told us they have no basis to terminate your tenancy. But you do need to pay your rent, and should be prepared to move at the end of the lease term.

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