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My daughter currently rents an apartment in Auburn, AL and…

My daughter currently rents...

My daughter currently rents an apartment in Auburn, AL and went in to sign a renewal lease for the next year starting August 1, 2018. Her current lease does not end until July 31,2018. She was told her apartment had already been rented to someone else. The complex had sent emails stating that it was time to start thinking of renewing their leases and signing "before it was too late" but nowhere on any communication or in the lease is there designated time frame nor a designated date those renewals had to be signed by. So, how can they rent her apartment to someone else?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Alabama

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It is a 12 month lease with the option to renew but no time frame on when that renewal must be signed. Its over 120 days out before her current lease ends. There have been no maintenance, upkeep, late rent , disturbance issues of any kind

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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Answered in 1 minute by:
3/27/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,766
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Did her lease contain any options or automatic renewals?

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Customer reply replied 3 months ago
None
Customer reply replied 3 months ago
No options nor anything of automatic renewals

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. I just ask that you not shoot the messenger.

Unfortunately, so long as it is not on account of race, religion, ethnicity, etc., there is no legal obligation for either your daughter or the landlord to renew the lease.

She can try negotiating, but it would have to be for a different unit since the one she currently rents has been leased.

I am sorry. I wish I could tell you differently, but I do not want you spinning your wheels.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 3 months ago
literally what you are saying is that they could have rented her apartment at any time after she took occupancy for the following year (at the end of her lease)??
Customer reply replied 3 months ago
Without any notification to her?
Customer reply replied 3 months ago
Attached lease

Correct. Without a lease provision to the contrary, she has no claim on the apartment after the lease term ends and they have no legal obligation to seek her consent to lease it for a period ending after her lease term expires.

If there was some aspect of illegal discrimination then she may have a civil rights claim to assert, but otherwise, the landlord is only bound by the terms contained in the signed lease agreement.

Again, I am sorry to be the bearer of less than favorable news.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 3 months ago
Ok thank you. ��

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,766
Experience: 30 years experience representing clients.
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