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  1. #1
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    Dec 2013
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    Question New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

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

    My property management company fired the landlord, and another has moved in. The new landlord wants a copy of the lease I signed with the previously fired landlord, which I signed about a month before she was relieved of her duties. The new landlord states she wants a copy because there is no present one left on file, and to make sure the lease was done "right". I have not responded yet. Should I provide a copy? I am extremely leery. This has come up also when I challenged the fees being charged for paint in moving out of a previous unit when I outlived the paint life, advised in a certified letter that this was the third property management company during this paint life, and the fact I never received my final move out checklist or walk through from the previous landlord, and the fact that I didn't receive any itemization of costs they're tryna bill me for within the legally mandated 21 days for the state (didn't receive it for a month and a half, and the costs weren't a bill or itemization, they were written numbers/costs on a faxed sheet of paper from their corporate office to the new landlord to give to me .. nothing through US mail).

    Should I provide this recent lease copy? ???

  2. #2
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    Sep 2005
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    The on-site property manager is not your landlord. The landlord is the person or entity that owns the property. A property management company works for the landlord and can be fired by the landlord, but cannot fire the landlord.

    What excuse do you plan to give when refusing to provide a copy of the lease? "I don't feel like it?" How much do you expect your relationship with the new manager to affect the quality of your tenancy?

  3. #3
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    Sep 2005
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    California
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    I would think that if they do not have a copy of the lease, and if you refuse to provide them with one, that you will be compelled to sign a new one ... with terms you may not like.

    If you like your previous lease, maybe you should consider providing it to them.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    I'm not sure you have any choice.

    Without a lease you are on month-to-month and the landlord can terminate your tenancy or raise your rent by giving you proper notice.

    Then what do you do?

    Say, "Uh, I have a lease." Then you'll have to provide a copy to enforce the lease.

    Seems kind of silly to withhold it now.

    By the way, if you had issues with how your security deposit was handled or about the paint thing you have remedies available to you in court.

  5. #5
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting Mr. Knowitall
    View Post
    The on-site property manager is not your landlord. The landlord is the person or entity that owns the property. A property management company works for the landlord and can be fired by the landlord, but cannot fire the landlord.

    What excuse do you plan to give when refusing to provide a copy of the lease? "I don't feel like it?" How much do you expect your relationship with the new manager to affect the quality of your tenancy?
    Either provide an answer, or shut up. This is a serious question and I've obviously laid all details out and am curious if there's any alternative thinking soas to not pigeonhole myself .. and no one is getting kicked out or any alternative, etc. I have the lease, if you could read, you'd see that. I have spoken with her and she would simply have a new one drafted up, and the landlord is the PM, I didn't proof, you know what I mean, stop with the distractions in regard to technicalities and thread hijacking.

    - - - Updated - - -

    I am aware of my remedies .. I'm simply curious and attempting to think outside the box in regard to the deposit issue because I essentially have them by the throat and exercising my right, the only way they could recoup is to sue, yet I'm certain in regard to the overall handling they won't win that either.

    My resolution is amicable, the only reason I'm holding their neck to the blade is because the charges were excessive, ridiculously excessive. So they step way down, I'll meet them soas to not drag it out. If they act the same as they have ill stand on the law in my favor and force them to spend money.

  6. #6
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting Mo562
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    Either provide an answer, or shut up. This is a serious question and I've obviously laid all details out and am curious if there's any alternative thinking. I have the lease, if you could read, you'd see that. I have spoken with her and she would simply have a new one drafted up, and the landlord is the PM, I didn't proof, you know what I mean, stop with the distractions in regard to technicalities and thread hijacking.
    With that attitude, good luck getting anyone to actually help you at all!

    You asked a legal question using clearly improper terminology. Mr. K (an attorney) provided the clarifying language which is VITAL to the answer to your question! There is a HUUUUUGE difference between a "landlord" and a "manager." You described a "manager" and NOT a "landlord," therefore the correction is important if there is to be any communication and hope to answer your question! Yeah, you posted your correction NOW, but it was not corrected before, and it was necessary to point out the difference.

    If you don't like the terms of the old lease and want them to draw up a NEW lease, then by all means withhold the lease from them ... though, keep in mind that terms might change, rent might go up, and if they decide they don't like you, you could be out on your ear without proof of a contract.

    Your call. If you withhold the lease, be prepared to start packing if they don't like your 'tude.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting cdwjava
    View Post
    I would think that if they do not have a copy of the lease, and if you refuse to provide them with one, that you will be compelled to sign a new one ... with terms you may not like.

    If you like your previous lease, maybe you should consider providing it to them.
    This is what was verbalized to me, and in the end, you may be correct. Thanks. I may just provide that copy and let it be done, as there may not be anything up their sleeve in regard to out of the box thinking.

    - - - Updated - - -

    Quote Quoting cdwjava
    View Post
    With that attitude, good luck getting anyone to actually help you at all!

    You asked a legal question using clearly improper terminology. Mr. K (an attorney) provided the clarifying language which is VITAL to the answer to your question! There is a HUUUUUGE difference between a "landlord" and a "manager." You described a "manager" and NOT a "landlord," therefore the correction is important if there is to be any communication and hope to answer your question! Yeah, you posted your correction NOW, but it was not corrected before, and it was necessary to point out the difference.

    If you don't like the terms of the old lease and want them to draw up a NEW lease, then by all means withhold the lease from them ... though, keep in mind that terms might change, rent might go up, and if they decide they don't like you, you could be out on your ear without proof of a contract.

    Your call. If you withhold the lease, be prepared to start packing if they don't like your 'tude.
    Stop with the sarcastic twit. Wrong is wrong. Sarcasm is sarcasm. That's an ugly disposition that would warrant ill response from a judge, so him being an attorney as you say, you should know that, or simply do not concern yourself with that aspect.

    If you cannot provide discreet answers without ill disposition, then don't respond.

  8. #8
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting Mo562
    View Post
    Either provide an answer, or shut up. This is a serious question and I've obviously laid all details out and am curious if there's any alternative thinking soas to not pigeonhole myself .. and no one is getting kicked out or any alternative, etc. I have the lease, if you could read, you'd see that. I have spoken with her and she would simply have a new one drafted up, and the landlord is the PM, I didn't proof, you know what I mean, stop with the distractions in regard to technicalities and thread hijacking.

    - - - Updated - - -

    I am aware of my remedies .. I'm simply curious and attempting to think outside the box in regard to the deposit issue because I essentially have them by the throat and exercising my right, the only way they could recoup is to sue, yet I'm certain in regard to the overall handling they won't win that either.

    My resolution is amicable, the only reason I'm holding their neck to the blade is because the charges were excessive, ridiculously excessive. So they step way down, I'll meet them soas to not drag it out. If they act the same as they have ill stand on the law in my favor and force them to spend money.


    Oh no honey, that's not how this works. You don't get to insult senior members who have long since proven their worthiness.

    We'll see you back here when you're crying into your cornflakes having to find somewhere else to live.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
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    Sep 2005
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting Mo562
    View Post
    Stop with the sarcastic twit. Wrong is wrong. Sarcasm is sarcasm.
    You have a different take on "sarcasm" than I think most of us do.

    His response might have been moderately flippant, but I don't see it as being all that sarcastic. Most importantly, he was right. And if you think he was rude in some way, just wait until you see the inside of a courtroom!

    That's an ugly disposition that would warrant ill response from a judge, so him being an attorney as you say, you should know that, or simply do not concern yourself with that aspect.
    What disposition and what judge?

    If you don't show them a lease, then refuse to sign a new one or get tossed out on your ear, what's your plan? Go to court and say, "Here it is!" At that point, do you think a judge isn't going to be miffed at YOU for wasting the court's time with something that YOU could have resolved much earlier by simply providing them with the requested instrument? By failing to answer their request you could find yourself on the losing end of the court matter having to pay court costs and attorney's fees.

    If you cannot provide discreet answers without ill disposition, then don't respond.
    My disposition is hardly "ill." If you want warm cuddly replies that pat you on the back and say you are correct in all things, the kumbaya corner is the next page over. In the meantime, you have to deal with the ugly reality of the law, and you don't get to simply play games and expect that you will pull one over on these guys.

    Good luck in your effort ... get the checkbook ready, and have Bekins on standby.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Dec 2013
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    Default Re: New Property Manager Does Not Have a Copy of My Lease, Wants a Copy From Me

    Quote Quoting Dogmatique
    View Post
    Oh no honey, that's not how this works. You don't get to insult senior members who have long since proven their worthiness.

    We'll see you back here when you're crying into your cornflakes having to find somewhere else to live.
    The same jabs about being kicked out, etc when nothing of the sort is the issue. There's no hesitation with regard to labeling, branding, and deploying condescending behavior, from initial response to this one. I counted one decent response without attempt at slyly humor.

    I simply believed a few would have some outside the box thinking in regard to any tricks PMs employ. If any of your million other responses are anything of the like, I'll rely on myself and the Chapman University MD in my pocket, saving the hot air.

    Thanks for the wasted ventures Dogmatique. It seems I over estimated the tact here, and there's no reason to withhold the copy they don't know I have .. I'm in an agreement anyway.

    - - - Updated - - -

    Comprehension lacking much? That's flippant. Pull one? See how you molded that to say something that isn't being said? That efforting is appreciated, it takes hard work to massage language to say, what it isn't by parsing.

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