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If there was a lease Sig ed by five people individually one…

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If there was a lease...
If there was a lease Sig ed by five people individually one year then the next year two people leave and two new people sign the lease, what is the landlord required to upon the renewal of the lease with new parties present
Submitted: 1 year ago.Category: Legal
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Answered in 19 minutes by:
4/1/2017
Lawyer: Michael Gonzalez,
 replied 1 year ago
Michael Gonzalez
Category: Legal
Satisfied Customers: 609
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. 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.Was there an automatic renewal in the lease? If so, did the two people that left provide whatever notice was required to the landlord that they were not renewing the lease?
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Customer reply replied 1 year ago
There was no automatic renewal, the lawyer was made aware there would be new tenants on the lease, the security deposit was never offered to be returned despite other people joining the lease. The landlord also did not inspect the property or do any maintenance before new people were put on the lease. I'm involved with a legal proceeding with this landlord and want to know what was required of her before the lease was signed with some tenants returning and new tenants signing on
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,038
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello, new expert here. It appears that your previous expert was called away so I will try to help..

.

If there was a lease Sig ed by five people individually one year then the next year two people leave and two new people sign the lease, what is the landlord required to upon the renewal of the lease with new parties present

.

If there was an entirely new tenancy started with a new lease being signed, and not just a renewal, then the landlord should have treated it like a brand new tenancy. He should have done a walk through for damages, deducted for any repairs from the security deposit, and then divided up any remaining deposit equally among the tenants.

.

Then he should have required brand new deposits from all the tenants upon signing a brand new lease. He could just allow the tenants that remained to contribute a little more to whatever he would have refunded them if he wanted to make it easy on them. But the brand new tenants would have to pay their own deposits, in full, to the landlord.

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That way it keeps every tenancy "clean" and as a completely separate legal transaction..

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The other option would be to view it as a renewal of the tenancy where the incoming tenants would pay their deposits to the outgoing ones directly after any deductions for damages and then the outgoing tenants would just assign their deposits over to the incoming ones.

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But as a landlord myself for over 26 years, I prefer completely new tenancies where I refund deposits completely after doing a damage inspection, then accept brand new ones, even if some or most of the tenants are continuing to live there.

.

.

thanks

Barrister

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Customer reply replied 1 year ago
Are there specific legal statutes that define what must be done so I can cite them in court specifically in Pennsylvania
Lawyer: Barrister, Attorney replied 1 year ago

No, this is just a matter of preference for the landlord and tenants as to which way they want to do it. Either way is acceptable as long as everyone agrees. Leases are private contractual matters between parties so as long as the parties agree, they can handle them any way they want to as long as there is not a law prohibiting it.

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If you can give me an idea of what is going on and why you are in court, I may be able to give you some pointers from the landlord's perspective as to what he may be thinking..

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.

thanks

Barrister

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