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INFOLAWYER
INFOLAWYER, Attorney
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Experience:  Licensed attorney helping individuals and businesses
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i have a contract/lease agreement with a owner/management company

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i have a contract/lease agreement with a owner/management company signed by 1 of the owners in april of this year for 1 year of residency and payment to me for cutting the grass twice a month. the payment was started in april and ends at the end of mowing season. it is stated in the signed agreement that she will provide the equipment to do the grass and she will cover my rent from may of 2011 through april of 2012. she has died in june of this year. in september the assistant manager refused me the equipment to do the grass so i had to come up with equipment then the the assistant manager tells me to stop mowing and start paying rent in october. the contract/lease has no clauses of death it is signed and dated addressed to my address in the apartment of her property where i have lived for the last seven years. i live in tennessee if that makes any difference
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
Good evening. I appreciate this problem which boils down to whether a contract is in effect. Here you have a binding agreement and you are entitled to its terms and benefits for that year. Renewal of course is not required but the terms as agreed remain, and the assistant manager may not now change the terms. A court would look to the 4 corners of the agreement and hold them liable to those terms. They cannot now demand rent instead. If they pursue court action, they should lose. i wish you a nice evening. You may want to have a lawyer if you wish call them and warn them of the binding effect of the agreement.

 

 

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Customer: replied 5 years ago.
i havent had time to read it
Expert:  INFOLAWYER replied 5 years ago.
I think there is a technical issue which is affecting the transmittal of the answer. Customer service is working on it. I am going to include it again below. Let me know if it doesn't come through.

Good evening. I appreciate this problem which boils down to whether a contract is in effect. Here you have a binding agreement and you are entitled to its terms and benefits for that year. Renewal of course is not required but the terms as agreed remain, and the assistant manager may not now change the terms. A court would look to the 4 corners of the agreement and hold them liable to those terms. They cannot now demand rent instead. If they pursue court action, they should lose. i wish you a nice evening. You may want to have a lawyer if you wish call them and warn them of the binding effect of the agreement.

 

If I can clarify anything for you before accepting, please ask me - happy to do it.

Customer: replied 5 years ago.
i have to read it first. it just flashes then goes black with this screen. i get more than that for free
Expert:  INFOLAWYER replied 5 years ago.
I am so sorry. There is a technical problem on the site. Let me try again. Good evening. I appreciate this problem which boils down to whether a contract is in effect. Here you have a binding agreement and you are entitled to its terms and benefits for that year. Renewal of course is not required but the terms as agreed remain, and the assistant manager may not now change the terms. A court would look to the 4 corners of the agreement and hold them liable to those terms. They cannot now demand rent instead. If they pursue court action, they should lose. i wish you a nice evening. You may want to have a lawyer if you wish call them and warn them of the binding effect of the agreement.
Customer: replied 5 years ago.
same thing boss. i just have almost a second to see what is there. do you think this can be fixed?or do i need to look somewhere else
Expert:  INFOLAWYER replied 5 years ago.
I have alerted tech support as we speak. I am terribly sorry. If it does not work perhaps if you log out and log back in, you should be able to view the answer. I appreciate this problem which boils down to whether a contract is in effect. Here you have a binding agreement and you are entitled to its terms and benefits for that year. Renewal of course is not required but the terms as agreed remain, and the assistant manager may not now change the terms. A court would look to the 4 corners of the agreement and hold them liable to those terms. They cannot now demand rent instead. If they pursue court action, they should lose. i wish you a nice evening. You may want to have a lawyer if you wish call them and warn them of the binding effect of the agreement.
INFOLAWYER and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

what should i do about them not letting me have the equipment, wich is in the agreement. isnt that a breech to begin with or harassment. and could i get anything out of that, meaning should i keep track of use of my dads equipment and summit a charge for that

Expert:  INFOLAWYER replied 5 years ago.
You have a few options in that regard. You definitely want to document their refusal and keep records/emails and track of witnesses who can confirm what happened should this go to court. You may want to have a lawyer send a simple short letter confirming their position, their breach of the agreement and demanding that they honor it right away. That is the practical extent of it. Suing them is not a good use of time or money in this case.

 

 

Customer: replied 5 years ago.
would this apply to tennessee? the comment they made was since she had died during the contract that it is null and void. and they r having maintanance mow and it is taking them 4 days to mow and they are cutting it so close it is scalping the ground and really messing up the grass. it is an aprtment complex that takes about 8 man hours to mow for me by myself. with my equipment of course. with house equipment it takes about 12 to 16 if its bad
Expert:  INFOLAWYER replied 5 years ago.
The answer does apply. If an agreement was this person personally, the estate can be held liable to continue it as can the beneficiary. You may to avoid litigation wish to come to new terms and compromise on a new arrangement that makes both sides content and in continued good relations such as a revised rent or a compromised time for the contract term.

 

 

Customer: replied 5 years ago.
there is only october to finish mowing season and the moneys involved. in the agreement, there is a lease clause stating that she will provide the rent til april 2012. she was one of the owners out of 5 and she was the manager of the property. would this make any difference? what i can find here, about tenn is that one cannot enter into an agreement with a dead party. but according to lease law if property changes hands, the new owner must honor that lease. since that contract has a lease agreement in for one year wouldnt that fall under the lease law
Expert:  INFOLAWYER replied 5 years ago.
Lets take a step back. Was the lease signed by the deceased personally or on behalf of an entity/business?
Customer: replied 5 years ago.
on business. the contract identifies her as owner/manager of buchannon management company. wich owns said property.
Expert:  INFOLAWYER replied 5 years ago.
If a business enters into an agreement and an agent signs, it is not the agent who is liable but the business. so the fact the agent leaves or passes away does not eliminate the business from being liable thereunder. It binds the business and is 100% in effect.
Customer: replied 5 years ago.
how would that apply to the assisant telling me not to mow and start paying rent. would she hold the same statis considering she is an agent
Expert:  INFOLAWYER replied 5 years ago.
Precisely. The assistant cannot change the terms. The agreement is what controls, and the only way it can be changed is if you agree and it is done with a new contract!!

 

If I can clarify anything for you before accepting, please ask me - happy to do it.

Customer: replied 5 years ago.
what should i do if they try to evict me for not paying rent?
Expert:  INFOLAWYER replied 5 years ago.
Best to have a lawyer defend it and seek costs and sanctions and consider suing them later for malicious prosecution/abuse of process. Its important to respond to any court notices and appear to defend!! Good luck!!
INFOLAWYER and 5 other Legal Specialists are ready to help you

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