Legal Question in Landlord & Tenant Law in Pennsylvania

Lease Disagreement

We have been renting from our apartment complex for two years and have signed last years lease but this year they switched owners and never contacted us to sign a new lease, till yesterday. In it they raised the rent, put in all new rules (some of which I don't wish to sign) and made it retroactive three months, meaning we would owe them back rent and they would have the ability to kick us out for non payment of back rent (A clause in the new Lease). My husband and I feel like our hands are tied, we either sign the lease or move out. (And if we decide to move out how long do we have? And do we pay the amount on our rent slips or on the new lease. ) We would rather be month to month like we had been doing for last year. I seem to think that they are just trying to get more rent from us since the last owners never raised our rent and we have been paying less than the new people moving in near us. Plus they havent been fixing things in the apartment and we have written them letters asking at least twice. I have also videotaped the damage their neglegance is causing.

Thanks


Asked on 9/17/04, 6:38 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Lease Disagreement

You mentioned that you signed a lease "last year." Was it a month to month lease, or was it for a year. If for a year, when did/does the year end? These are important questions to know what your rights are with regard to the new lease.

Also, I don't believe that they can make you sign a retroactive lease. A lease agreement would become effective on the day it is signed, unless some LATER date is in the lease.

The provisions of leases are, at least legally theoretically, negotiable between landlord and tenant. If you don't like provisions of the lease, try to negotiate them out. If they won't negotiate at all, and you end up signing the lease, you will have a defense against the enforcement of those provisions that you tried to negotiate. Of course, write letters back and forth indicating the provisions you attempt to negotiate and the outright refusal of the landlord to do so. (Be advised, though, if they do change some parts of the lease in response to your negotiation, you may end up having all provisions of the lease enforced. The only way the defense exists is if they refuse to negotiate anything.)

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Answered on 9/17/04, 10:40 am


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