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When we rented our house we signed a lease with a property…

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When we rented our house...
When we rented our house we signed a lease with a property management company. The following month the owner of the property decided he didn't want to pay the property management fee and took over the property. We never got anything in writing and did not sign anything new. Is there a way we can legally get out of the lease since we really don't have a lease with the owner? Can it revert to a month-to-month lease instead of a year lease?
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 1 minute by:
9/26/2016
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,833
Experience: Attorney. Well versed, understanding, friendly
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Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

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Customer reply replied 1 year ago
Sounds great
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

Great. I am reviewing your question. I will be right back.

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Customer reply replied 1 year ago
Ok
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

Question: Who was the party that signed the written lease: the owner, the management company, or the management company on behalf of the owner?

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Customer reply replied 1 year ago
The property manager
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

I am developing an answer. I will be right back.

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Customer reply replied 1 year ago
Ok. Thank you
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

If the owner does not sign a lease, there is a possibly that the lease is invalid because the owner did not sign a lease. However, there could be a contract between the property manager and the owner for the management company to act on behalf of or "represent the owner in dealing with the property. Yet, this should include a type of limited power of attorney. In other words, if the management company is legally permissible to act on behalf of the owner, then the contract would be valid. If not, then a tenant would be able to argue that the written lease is invalid. We can discuss further if you would like to do so.

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Customer reply replied 1 year ago
it is possible that we could get out of the lease and get our security deposit back and not be ci seed breaking the lease
Customer reply replied 1 year ago
Be considered
Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

It is possible if the management company was not legally acting on behalf of the owner (e.g., if the management company was not acting as an agent to enter into the contract or not acting under a power of attorney). The risk is that the landlord will claim that the management company was authorized to enter the contract. So, there could be a dispute. However, a tenant can always make the claim to see if the owner is amenable without a potential lawsuit.

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Real Estate Lawyer: DamienJD, Lawyer replied 1 year ago

Hello Debbie: I have not heard back from you. I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If not, please let me know how I can further assist you. Best regards.

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