In my mail yesterday I got a letter that says, "Enclosed is the form to renew your lease for 2012/2013. We apologize for having to ask for your decision earlier than usual but the demands of our property owners and the current rental markety make this a necessity." It then states that if we want to renew we need to sign the attached form and have it back by NOV 9th.
We just moved from out of state August of this year. I'm not sure EXACTLY what our lease states, but it was something like we had 60 days from the end of our lease (July 31, 2012) to let them know if we wouldn't want to renew. My thinking is that the owner of the house is trying to refinance (I know this) and the bank wants proof that she will have a tenant living in the house for another year before they grant the refinance. I think she used a letter that they use for college students at the end of April so they know how to advertise for the following school year (that I get!).
How do I go about this? I'm kind of pissed that I got a letter and not a phone call (or even an email). I would be willing to sign it for the bank's sake (if that is WHAT this is about) IF she would be willing to write a separate contract that allows us to leave next summer IF we feel it is in our best interest. We planned on possibly buying next year and even buying THIS house, but I don't want to be locked into something several months from when we know we will be able to buy or not (AND where we want to buy). We are new to this area!!! GRRR. Please give me some advice. Is this legal in Indiana???
THANKS!
Get a copy of the lease that is still in effect. Until the end of that lease, it is STILL in effect and neither the property owner nor the lessee can change it.
Don't sign anything. You already HAVE a lease and will have one until next year.
I am also a landlord. This sounds really strange to me. If I were in your position I would not sign a thing. If you sign it as a favor, you could be legally bound to it. I'd simply be honest, it's too far in advance to commit to another year of renting.
J. I am a landlord and that sounds strange. I would call your landlord and ask whats going on. I would also ask to see the lease before signing. As a landlord I would never ask for something to be signed so far in advance. Anything can change from now until then.
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I have had rental property for a long time now and I would never request anything like this from a tenant. I have also rented for a long time too and no landlord has made such a request of me for any reason.
I wouldn't sign a thing. I would have an attorney take a look at it but I think you are safe with the wording and terminology in your original lease. You would be doing yourself and family a disservice by signing a second lease. You don't have any idea what kind of legal can of worms that could open for your family if indeed you intended and needed to move before that time frame.
Get clarity about the law and how it applies to you then talk to your landlord. It's totally your call because you already have an active lease.
check your current lease. If it does state that you have 60 days from the end of the current lease, then what they are asking is pretty much a favor because it is not enforceable. I would simply let the landlord know that you are not sure at this point and I don't think I would offer to enter into a "secret" lease. You never know what kind of legal mess you could end up in. Just be honest with the landlord and tell them that you are not sure and that you will let them know ASAP, but most definitely within the time frame set out in the current lease.
Do not sign anything that you aren't willing to have enforced. Yes, you can have a verbal agreement with the landlord but it's what is in writing that will be enforced.
I suggest that you'll know better about how to handle this if you call and talk with the landlord. If the lease is as you say, still do not sign it because it could be enforced come August, 2012. You have no assurance that the landlord will still be the landlord in the future. Too much can happen between now and then to agree to renting that far in the future.
Above all, if you sign something, take it to a lawyer before signing it.
As Dawn B. said, the Nov 9 deadline isn't a reason to make a quick decision. Remember that you already have a contract the allows you to be there until Aug. Unless you sign another contract I suggest that the first one will protect you.
I could call or go talk to your land lord in person and ask her if that is what the letter is really about and see if they are willing to write up another lease on the side that states that the other one is void ( and keep that one between you and the landlord, not share with the bank).
That way you know for sure what is going on and ask for a copy of your previous lease so you know for sure what you and contracting into.
I would check with a lawyer or just not sign it. It has been almost 15 years since I lived in Bloomington, IN but it is such a college town there are almost always rentals available in the summer. My sister and her husband were also able to buy there on only 1 income (one was in grad school one was working).
Hi J.
I lived in Bloomington for several years up until this past summer. Its pretty common in Bloomington for them to want to know if you are renewing a lease ASAP because they want to start showing for the next school year ASAP. When I was looking at rentals for the next school year (August) I had to look before December or all of the good homes were rented. At the apartment I was staying in I had to re lease by December first or my spot was bumped. I actually just got an e-mail from a rental company I had been with alerting me that they were currently leasing for the 2012-2013 school year. I wouldn't sign any new lease/re lease because you never know how you're going to feel about a place in a year. I can recommend a great rental company and/or let you know what companies to stay away from if you are interested. I hope you're enjoying Bloomington its a great town!
I would just call the person the letter is from and remind them that you have that clause on your lease and ask if you go by your current lease if there will be consequences...if you don't fill out this letter and want to decide later will you have to vacate or something else.
If there are no consequences I would just decide to fill it out or ignore it after talking to them.
