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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28999
Experience:  30 years of real estate practice experience.
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I signed a lease with the original property owners of the

Customer Question

I signed a lease with the original property owners of the apartment complex I live in. Mid lease the property management changed and it was with them that I asked to transfer a lease. It has been nothing but a nightmare. After paying deposit for the new apartment and garage, I was then told that corporate had given the apartment to someone else. As of right now, they have lost both the physical lease and can not find the electronic copy. So technically I have no lease. I have been promised my deposit back, money taken off my rent and now they are trying to evict me. I have been lied to and this apartment has been nothing but problems since we moved in. Leaks, a/c broke, washer and dryer broke ect. DO I have any legal rights here.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Why are they trying to evict you?

Do you have a copy of the original lease?

Customer: replied 6 months ago.
Because the move has been a nightmare, as mentioned they took my money and then tried to give the apartment of the garage. They can not provide me with a lease because they have lost them, so I have not paid because I have no paperwork stating what I owe. I have been told they would give me free rent, my security deposit back. Their have been so many lies its ridiculous. Every week something is breaking in the apartment. I refuse to pay without a lease
Customer: replied 6 months ago.
I have a copy of the original lease from the original property owners. New management can not provide me with one because they have lost them. I went in the office today and asked for a copy of the transfer that was originally 7 pages long and I was given 1 page and told thats all they gave me
Expert:  Loren replied 6 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 6 months ago.
i just want an answer
Expert:  Loren replied 6 months ago.

There is no requirement that there be a written lease for there to be an obligation to pay rent. There is such a thing as a month to month tenancy which is a tenancy without a written lease.

So, even without a written lease, you can not just stay in the apartment without paying any rent. They will be able to evict you for that.

If you are willing to admit to the existence of the lease and they have been breaching their maintenance obligations under that lease, you can assert a counterclaim to their forcible detainer action (if they have filed) or as an independent claim if they have not filed yet, but you will be liable for the rent or the court will evict you.

Expert:  Loren replied 6 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.