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Just having an answer would be pretty cool. South Carolina.

Just having an answer...

Just having an answer would be pretty cool.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

South Carolina

Lawyer's Assistant: What steps have been taken so far?

None.

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

Sure. I'm a renter and this is related to my property management company. It is a civil question.

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Customer reply replied 2 months ago
My property management company has changed three times since my wife and I moved into our rental property. Up until now the lease we signed with the initial company has stood, including converting to month to month after the first year with no associated fee for going month to month. However, recently my current property management company has asked me to sign a new lease agreement with them including an additional month to month fee.Can they legally require me to sign a new lease agreement, or will my original stand until I move out. Can I just say no to signing the new lease agreement?
Customer reply replied 2 months ago
I'm not sure where my initial lease agreement is, but I know my current property management company has a copy because they have checked it in front of me in the past.Also, I asked about the status of my lease several months ago, and they told me that that agreement still stands and contains no clause about a rental fee after transitioning to month to month.I'm not sure why this has recently changed, but they say it is just to get me under the umbrella of their lease agreement. I don't see why that matters legally considering I signed the initial agreement.Thanks.
Answered in 15 minutes by:
5/30/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,619
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.

The nature of a month-to-month is that it's a contract. But it's a short term contract. And what that means is when the contract ends one or both of the parties are free to walk away and/or free to renegotiate the terms. So basically that's what's happening here. They're saying "we'll give you a new month-to-month lease or a new yearly lease and it will come wit such and such fees." And then you'd be free to say Yes, No, or Let's continue to negotiate. Does that make sense? Please let me know if that answers your question - and please ask if you have any additional questions; I'd be happy to answer them. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively - and we get instantaneous notification of customer ratings, i.e. who gave what. 5 STARS is always appreciated! You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

-----------------
Reminder: This site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice.

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Customer reply replied 2 months ago
that makes sense. They are making it seem like I don't have a choice, and they have given a date when my rent will increase. If I decide not to sign the new contract, will my old contract continue to take precedence?
Customer reply replied 2 months ago
No, thank you on the call.

No. If you don't sign the new contract then your lease terminates as per the old contract, which is month to month.

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No worries on the call - that's an automated site feature; no need to accept unless you want a call.

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Customer reply replied 2 months ago
because I'm already month to month, the terms of month to month in the original lease will take precedence?

I think there's some miscommunication. The terms of the month to month only control for that month. If both parties don't "sign on" to those terms for an additional month, then the lease ends. The complex has already told you that they won't agree to the same terms.

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In other words, it's not a matter of something "taking precedence" like if you have two contracts, both of which both parties have signed. If you have a month to month lease then on June 1st a new month begins. And on July 1st a new month begins. And if on June 1st they tell you that they won't renew for July unless you sign a new lease with new terms that's them saying that they won't agree to the old lease terms - and since it's a month to month, each month is an ability to renegotiate. Does that make more sense? I'm trying to explain it so it's clear.

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Customer reply replied 2 months ago
That makes sense. I think I understand now. I was thinking that the original lease would dictate the terms of month to month and that those terms could not be changed by the current management company unless I also agreed to them. But what is actually happening is they are refusing to accept the old agreement and requiring a new agreement and I'm free to negotiate different terms if I choose to.
Customer reply replied 2 months ago
All because it is essentially a contract that resets every month.

I was thinking that the original lease would dictate the terms of month to month and that those terms could not be changed by the current management company unless I also agreed to them. <----- Yeah, that's what was clear to me - so I wanted to make sure I explained it so you understood that a month to month essentially resets every month unless the parties agree to extend it.

If it's not too much trouble, could you take a moment to submit a rating so that I receive credit for working with you; there should be a stars based system that you can check off to submit the rating. 5 STARS is always appreciated but definitely not required. And if you have any additional questions I'd be happy to answer them!

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,619
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
You got it. Thanks for the help. 5 stars coming your way.

Thanks very much for your rating! Happy to help. If I can ever be of assistance in the future, you can reach me directly by going to: https://www.justanswer.com/law/expert-droliviak-jd-md/?rpt=3800 or selecting me as a Favorite on the site.

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