Legal Question in Real Estate Law in California
Illigal rental aggrements
is it illigal to replace old rental aggrements with new rental aggrements without renters knowledge, and renters did not sign property manager used old papers.
3 Answers from Attorneys
Re: Illigal rental aggrements
Illegal is probably not the best term for what appears to have been done. Illegal implies criminal liability, and while there may have been criminal activity in what the landlord did, this is more a civil matter than anything.
No, the property manager cannot simply insert new pages into your lease without your knowledge and/or consent to cobble together a new lease agreement. Once the term of your lease agreement has expired, you continue as a "month-to-month" tenant until you either leave, are evicted or you sign an new lease agreement. I would write a letter to the property manager documenting the fact that you have not signed nor agreed to the terms of the new lease, and that you object to the actions they took. If they are using the new lease in an effort to evict you, or make you do something other than what you originally agreed to (with the exception of rent, as in a month-to-month tenancy, absent rent control, they can increase your rent), then you may want to consult with an attorney in your area.
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Re: Illigal rental aggrements
Yes, it is "illegal" in the sense that the renter is obligated on the contract he or she signed, not on some other agreement he or she didn't sign. This should be obvious. However, it is not "illegal" in the sense that you have committed a crime and could be sent to jail.
If a lawsuit were to arise, the court would enforce the piece of paper the tenant signed, not the one the landlord wanted them to sign.
Re: Illigal rental aggrements
Yes. That is fraud and maybe forgery.