Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

We moved into our rental 01/2014 with a signed lease year at

Customer Question
We moved into our rental...
We moved into our rental 01/2014 with a signed lease for one year at the end of the term we renewed the lease 12/10/14 at a negotiated rental amount Landlord sent to us and we signed and sent back. for a lease term from 01/2015 to 01/2017. We received a call form landlord in 4/16 That they are divorcing and want to put the house on the market. My understanding is whoever purchases has to honor that lease . Here is my question We cannot find a copy of lease they send back to us signed by them. I received a text form landlord stating they can find there and wanted a copy of ours. They then agreed to sign a new lease with a buy out if the house sell the buyer don't have to honor the lease. The landlord are now trying to back out if that ( we never signed that new lease) So do we have a legal lease until 01/2017 even though we don't have there signed copy of the lease? if not would my email and text show proof that they did enter into it based on the conversation in the texts?
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 6 minutes by:
7/19/2016
Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,052
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, if there was a signed lease for the time period from 1/2015 to 1/2017 then it would be a valid lease. Your problem, assuming that the current owners dispute whether the lease existed, is proving that there was a written lease. However, if you have extraneous evidence such as emails and texts then most judges will lean toward finding that a written lease existed.

The law requires that any contract for more than a year must be in writing to be enforceable. This is known as the "statute of frauds". However, your issue isn't that it wasn't in writing it is just that the writing has been lost so you have to be sure that the court understands the distinction.

Most judges use their common sense and since you are only talking about 6 more months or so, it's unlikely the judge would throw you out.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
OK. So to make sure I understand correctly Since I have the copy of the lease with our signature but not their the lease would still be valid or I would we have to fight that in court to prove it valid with texts and emails. If we refuse to sign this new lease with the buyout option because they are trying to put a clause in it they we do not agree then it reverts back to the old lease even though the house in on the market and under contract is this correct? Also I'm concerned with what there next step could be if we refuse to sign the new lease and we tell them we are sticking with the old one what can they do try and evict us?
Lawyer: Dwayne B., Attorney replied 1 year ago

If we refuse to sign this new lease with the buyout option because they are trying to put a clause in it they we do not agree then it reverts back to the old lease even though the house in on the market and under contract is this correct?

Correct.

If you refuse to sign the new lease then they have to try and evict you but they will have a hard time doing that since you have a lease that they sent and you signed. They would have to show that you somehow breached the agreements in the lease to evict you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
Ok thank you. I appreciate the info. they just called me and again said there "attorney" say we don't not have a valid lease because THEY did not sign it. I will see what the next step they will take. If I have further question I can just contact the same way?
Lawyer: Dwayne B., Attorney replied 1 year ago

Yes, you can contact me through this thread if it is a follow up question. Once you issue your Positive Rating, which I would ask you to do when you finish reading this, then the question will lock open and no longer timeout and close.

If the question is a new one, rather than a follow up, then you can open a new question and ask for me. Within a few minutes of you issuing your Positive Rating on this question you will receive a reply that explains how to specifically request me in the future on new questions.

Ask Your Own Landlord-Tenant Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,052
34,052 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have a rental property that my tenants have just moved out
I have a rental property that my tenants have just moved out without notice. They have not paid last months rent. I need to know when can I gain access to the property. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Landlord dies 3days ago have received no notice to vacate
Landlord dies 3days ago have received no notice to vacate received text telling me to be out asap by daughter inlaw … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What are the duties of a revocable trust. Vermont. That the
that the occupants are suppose to make payments equal tp the amount of the taxes and they don,t … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I'm wondering howntonmlenaure a tenant moves out by the end
Hello, I'm wondering howntonmlenaure a tenant moves out by the end of a lease … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
We live in a mobile home park in Maryland. We pay rent on
We live in a mobile home park in Maryland. We pay rent on the land but own our home. Last year, our park manager began lumping our quarterly water/sewer bill onto our rent for that particular month. H… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I was renting an appartment of a house @*** *. ******* ***.
I was renting an appartment of a house @*** *. ******* ***. #1 ,in ******** ****, **.*****. The landlord refused to do any repaired on the house. I done most of them, but I cannot do the staires. So ,… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been in a Lawsuit for the last 4 yrs with my Landlord
I have been in a Lawsuit for the last 4 yrs with my Landlord with no judgement of yet for either side, About a week ago we found out he sold the commercial Building he owned that was the Corporation w… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
My mother has rented out a bedroom in her house to an
Hello - my mother has rented out a bedroom in her house to an individual that has not paid their rent for over two months. My mother has an agreement with the renter on which rent is due on a month-to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Regrettably, i decided to sign a lease with a new
regrettably, i decided to sign a lease with a new girlfriend . she is abusive and I want to terminate my lease. she will not vacate, and the landlords will not sign a lease with her because she violat… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
I have been living in this rental condo for two yrs. and I
I have been living in this rental condo for two yrs. and I advised the owners near the beginning, I would feel biting at my ankles in 3 areas of the condo, they didn't care. Now, two yrs later, I have… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
If a tenant lives in an rent controlled apartment since
If a tenant lives in an rent controlled apartment since 1969, never signed a lease, always paid the rent verbally agreed with the landlord + the tenant on his own added a minimal increase every year. … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
Back in July of this year, we discovered black mold in our
Back in July of this year, we discovered black mold in our basement apartment due to cracks in the foundation. We contacted our landlord (who lived upstairs) immediately. He came down and inspected th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been summoned to court as a tenant in a
I have been summoned to court as a tenant in a tenant/landlord case from someone that has never been my landlord/tenant. He has yet to properly serve me and the magistrate court sent the summons to my… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
How do I evict a sub tenent who is behind on rent and is not
How do I evict a sub tenent who is behind on rent and is not on the lease? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
The o. The house I'm l. ... The house I'm staying in is
The house I'm staying in is owned by my dad and brother. It's a 4 bedroom and 3 of the rooms are used by me and my kids, last to my dad. Suddenly my brother wants me and kids out of the house. Does my brother have the right to evict if my dad wants me to stay? Also the land on which the house is in top of is in my dad's name… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
I am a tenant in FL that signed a lease August 1 for 1 year.
Hi, I am a tenant in FL that signed a lease August 1 for 1 year. I lost my job and have had a hard time finding work so I want to move to another city/state. I asked my landlord if I can give notice a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I separated from my husband due to a Protective Order
I separated from my husband due to a Protective Order against Domestic Violence. I talked to several people about renting a room. One lady said she had a room for she would rent me in her apartment fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
The home my sons are renting is being purchased by the city.
The home my sons are renting is being purchased by the city. He signed paerwork with city and they agreed that move out by the end of this month. when my son moved in they paid first, lst and a securi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x