Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We moved into a different apartment in the same complex in

Customer Question
Dec. 2014. The complex was...
We moved into a different apartment in the same complex in Dec. 2014. The complex was bought by a new company and I was given a new lease agreement. I never paid much attention to the lease until today when I was trying to find out the policy for moving out before my lease was up. None of the paper work is signed by us or the management who was there at the time we renewed. Because there are no signatures on any of the paperwork are we able to get out of our lease with notice without paying the remainder of the contract?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
6/27/2015
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,932
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. 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; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am very sorry to hear about this situation. Can you please tell me what state this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
I am in Austin, Texas
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you.
Okay, so there are TWO leases, then? One by the old company, and one by the new, right?
And if so, the one by the old company - would it have expired by now? If not, when does it expire?
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Hello,
You have not replied to my information request, and I do have to log off soon, so I am going to provide an answer based on what information I do have.
A contract requires that it should be signed by all parties, or AT THE VERY LEAST, by the party being charged.
Because the new contract was not signed, a STRONG ARGUMENT can be made that no written contract was actually in place, meaning that second lease on the second property was actually a month to month verbal lease.
However, the company is likely to argue the opposite, stating that even though the lease was not signed, there was a verbal contract for these months and try to show emails and other proof as "parts" of the contract. They will no doubt try to keep the deposit and/or bill otherwise, falling back on the lease to justify this.
IF SO, then the onus is on the tenant (or, former tenant) to file suit in small claims court (Justice of the Peace), arguing that there was not written lease and simply a month to month verbal lease. Then, it would be up to the Court to decide.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Real Estate Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,932 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I agreed to rent an apartment in the state of NC for on
I agreed to rent an apartment in the state of NC for on year. Once year lease expired, signed an additional 3 month lease which ended on October 22, 2017. There after we went to a month to month lease… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My disabled brother's apartment was broken into last week.
My disabled brother's apartment was broken into last week. Apparently by just using a credit card. We asked for a deadbolt to be put on. They said no, but would do it if we furnished the lock. Don't t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I lived in an apartment complex for 3 years and then a new
i lived in an apartment complex for 3 years and then a new contract with a the new owner came out in June 2017 but i never signed it with the intent to move out soon, now i've moved out and they are i… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am about to rent an apartment that i believe was
i am about to rent an apartment that i believe was previously rent stabilized … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My company had a month to month tenancy with no lease for 18
My company had a month to month tenancy with no lease for 18 years. The company could no longer pay the rent. I received an email from the landlord to vacate in a week. Subsequently, the landlord sued… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
I was on a month to month lease, I was given a 60 day notice
I was on a month to month lease, I was given a 60 day notice to vacate which ends this saturday but have not found a place to move due to wanted to buy and was not ready when served this notice. When … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My daughter rents an apartment in a 6 story apartment
My daughter rents an apartment in a 6 story apartment complex in Daytona Beach, FL. The roof collapse Thanksgiving night due to heavy rain and flooded a large number of apartments including hers. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have tenants in a month to month lease situation (in new
Second opinion] I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at wh… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I have tenants in a month to month lease situation (in new
I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at which point I woul… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is it legal for an apartment complex to charge renters an
Is it legal for an apartment complex to charge renters an HOA fee monthly in Clark County Neveda … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
At. my landlord has terminated my rental month to month
Hello, my name is***** at***@******.***. my landlord has terminated my rental month to month agreement and I have been given a 60 day notice to move. However I cannot find a place to move to and have … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am a homeowner w a verbal month to month someone renting a
I am a homeowner w a verbal month to month someone renting a room from me. What do I do to evict her. I sent an email requesting she leave in 30 days … read more
Ely
Ely
Counselor at Law
102,932 satisfied customers
I have given tenants a 30 day eviction on a month to month
Good morning, I have given tenants a 30 day eviction on a month to month agreement and gave them until November 11, 2017, they want to move out and do the walk thru inspection and provide keys on the … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I live in NJ. I was on a month-to-month lease for 5 years. I
Hi, I live in NJ. I was on a month-to-month lease for 5 years. I moved out on 6/16/17, the 30-day notice was given on 5/16/17 which the landlord received and agreed to. We paid rent for May and the fi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
What is a no cause eviction? If I am in a month to month
What is a no cause eviction? If I am in a month to month that and the landlord decides not to rent to me because she wants to Renovote and increase her rental income can. She do that and what are my r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I am on a month to month contract on an apartment in fort
I am on a month to month contract on an apartment in fort worth… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 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