My landlord has tampered with the original lease. What should i do?
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My landlord has tampered with the original lease. What should i do?
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When i gave them my 30 day notice, i noticed that the date on the lease had been scratched out and a new much later date put on top. I never intialed this area or was ever aware of this change. The landlord pretended to act like nothing was different. When I went to get my copy of the lease it was missing. We have cleaned our house from top to bottom and still can't find the original. Does it matter if I have the original or not? She clearly altered the document due to the fact that the area was scratched out and can be clearly seen on the lease. I don't know what to do? When I ask for a copy of the lease they decline? Who should i call?
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wazwondring
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All of this free legal advise isn't worth what you paid for it.
Call a lawyer in your local area. If you can't afford a lawyer, there may be free legal aid programs that could help. Start by looking for local attorneys at http://www.martindale.com/
You may also want to contact the State Bar in the state where you live.
Good luck. |
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linda h
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try the bbb if they cant help maybe they will know who can |
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iris
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Call a lawyer...most will give you advice over the phone without charging a fee...what your landord did is clearly wrong and unethical....EVERYONE is supposed to get a copy from a signed document directly after it has been signed. It sounds like they keep the renters copy in their office so they can tamper with it...if they did this to you, then I am sure that all of the other renters copies are in the same location. Make sure to be careful about talking to much to your landlord about anything...she/he could clear out everything before you are able to take action! |
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Made_in_America
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You must initial any change on a contract and should have received a copy of the original. |
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chasmmarilynhall
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Very simply call a lawyer who deals with rental property. Depending which state you are from, there may be free legal help provided by several lawyers. If there is a law school near they may be able to give you help. |
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dance_chica_2005
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call a good lawyer and they should be able to figure it out; if they used a different pen on the lease or anything like that the second time, it would be easy to tell and a good lawyer would work that all out for you, next time if they decline to give you a copy, don't accept the apartment or take that to a lawyer in the first place and then you won't have this problem |
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armyinfwife
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In most states you have to initial any handwritten items in a lease - I would say get free advice from a lawyer in your area (meaning - go in for a free consultation and see what they think) but from my understanding - it is definately contestable. Unfortunately - going to court - even small claims court - will probably cost more than whatever early termination fee he is likely to charge you. |
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mama
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Small claims court. Too bad you lost your copy! |
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cybereagle03
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Call a lawyer. Your copy of the lease would have made your life a whole lot easier. Might not be anything that can be done.
I was evicted once, a new owner bought the place I was renting, changed the rules all around, and instead of paying our rent at the office, we now had to mail it in. I lost the address, called the office to get it, wrote it down on the envelope as the Secretary was telling it to me, verified it was correct with her, and mailed out my rent. Little while later it was returned in the mail for having the wrong address, I got a 5 days notice, I explained to the Secretary what happened, tried to contact the owner, they wouldn't accept the rent. Went to court, explained everything to the judge, got evicted anyways.
It is your word against theirs. |
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JULIE
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IT ALWAYS HELPS TO HAVE THE ORIGINAL TO PROVE YOUR CASE BUT THE JUDGE MAY STILL SIDE WITH YOU BUT IS A TOUGH CALL WITH OUT EVIDENCE |
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reckless
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check your contract and see if he is allowed too |
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timbath
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You could go to CAB but they will point you to the Small Claims Court, assuming the landlord is using this as a ploy to avoid paying you back the deposit.
Disclaimer: I'm not a solicitor! |
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no_apologies
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They have to provide you with a copy of the rental agreement, they cannot deny you that. But you'll want to contact your local Housing Department they'll be able to provide you with you options. But if you're planning to move and already have a place you're moving to, don't let this legality stop you. The burden will be on them & their not going to want the legal costs anyhow. But document everything. Any communication, every conversation, it will save you in the long run if they decide to try to recoup what they consider you owe them. Some things to do include: 1) write a letter to the landlord specifically stating the situation and have it sent registered mail, so she can't say you didn't discuss the situation and it give her a chance to respond, chances are she wont'. 2) Inform you neighbors, draft a petition concerning the situation and have your neighbors sign it declaring when you moved in and maybe have those that you have informed your moving write a letter indicating that information 3) If it isn't a month to month, locate the documentation from the post office indicating the date you requested mail be sent to your current address; meaning if you signed a 6 mos lease and you requested that the post office start sending that mail to you at that address, starting say Nov 2005, mail wouldn't have been sent sooner, or later for that matter. I hope that helps and I home it's clear. But do try to avoid a lawyer though because it will cost you more than the value of the dispute anyhow. There's always the better business bureau you could report her too, chances are if she did it to you, she's done it before and their might be a record of it.
Good luck. I'm sure someone else will be able to provide direct resources. |
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nobbynlou
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tell him your going to the law to say he tampered with you if he does not change it back ! |
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oh_the_drama
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Call your local fair housing department. It may hurt you that you don't have the original, but if your landlord alleges that you "re-dated" the contract, your initials should be next to the correction and they are not. I wouldn't call small claims, as you haven't really suffered any damages...consider: what benefit was prevented by the alter of the contract? If it's minimal, small claims won't get you very far. If it's a few months rent...something to consider. Again, you can call fair housing, there may be other complaints against your landlord.
**you may incur fees for information you get from a lawyer that you could get from a gov't/city/county agency for free! |
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audreylynnk
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Unfortunately, it does matter that you lost the original. However, if you can prove you were living there before the new date on the lease (dated mail is a great way) you can get them for tampering w/the lease. Find anything tangible - affidavits from your friends/family/neighbors - to help support your statements of living there before the new date on the lease. |
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vilekitty666
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Well since the orginal document has been altered, it becomes invalid and I would suggest the you get in contact with O.C.A.P. |
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wseals
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the owner hired a realtor, i rented a house, i have a month to month contract that was signed. when i decided to move, they said it was year to year. and they won't give me the contract stating this, also the copy i have was written over a signed copy and the dates is wrong. help |
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