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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2499
Experience:  Helping you with your legal questions.
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When we rented our house we signed a lease with a property

Customer Question

When we rented our house we signed a lease with a property management company. The following month the owner of the property decided he didn't want to pay the property management fee and took over the property. We never got anything in writing and did not sign anything new. Is there a way we can legally get out of the lease since we really don't have a lease with the owner? Can it revert to a month-to-month lease instead of a year lease?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 8 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

Customer: replied 8 months ago.
Sounds great
Expert:  Damien Bosco replied 8 months ago.

Great. I am reviewing your question. I will be right back.

Customer: replied 8 months ago.
Ok
Expert:  Damien Bosco replied 8 months ago.

Question: Who was the party that signed the written lease: the owner, the management company, or the management company on behalf of the owner?

Customer: replied 8 months ago.
The property manager
Expert:  Damien Bosco replied 8 months ago.

I am developing an answer. I will be right back.

Customer: replied 8 months ago.
Ok. Thank you
Expert:  Damien Bosco replied 8 months ago.

If the owner does not sign a lease, there is a possibly that the lease is invalid because the owner did not sign a lease. However, there could be a contract between the property manager and the owner for the management company to act on behalf of or "represent the owner in dealing with the property. Yet, this should include a type of limited power of attorney. In other words, if the management company is legally permissible to act on behalf of the owner, then the contract would be valid. If not, then a tenant would be able to argue that the written lease is invalid. We can discuss further if you would like to do so.

Customer: replied 8 months ago.
it is possible that we could get out of the lease and get our security deposit back and not be ci seed breaking the lease
Customer: replied 8 months ago.
Be considered
Expert:  Damien Bosco replied 8 months ago.

It is possible if the management company was not legally acting on behalf of the owner (e.g., if the management company was not acting as an agent to enter into the contract or not acting under a power of attorney). The risk is that the landlord will claim that the management company was authorized to enter the contract. So, there could be a dispute. However, a tenant can always make the claim to see if the owner is amenable without a potential lawsuit.

Expert:  Damien Bosco replied 8 months ago.

Hello Debbie: I have not heard back from you. I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If not, please let me know how I can further assist you. Best regards.

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