I signed a 1 year lease with a private owner just 3 weeks ago. Several neighbors came forward and said house was flooded by previous tenants. Owner denied house was flooded. Found mold in my son's bedroom. Called owner she told me to move, then owner hired property management company and now im asked to sign new lease or i will be evicted is this legal? Once i sign then property management will send contractors to address any issues i have.
Contracts / Agreements Lawyer
If you signed a lease, that lease is enforceable for as long as it is in effect. Assuming that it is a one year lease, they cannot make you sign a new lease until the old one expires, and then they will have to give you either a 30 day notice of change of lease terms, or you might have "holdover" rights under your existing lease.
If there are bad problems with the house, you may be able to break the lease, but you should try to work it out with the landlord/property manager. Tell them that you do not have to sign a new lease until the old one expires.
I am more concerned about your health and the health of your family. If there is mold or suspected mold, you should demand that the landlord do a test, and if they refuse, you do it. It isn't tha expensive and your health is at stake.
If it is bad, and has to be corrected, your landlord may be liable for your costs to move. If it is very serious, and the lease provides for it, the landlord may have the right to terminate your lease and may have to pay for relocation, and if you can't find anything comparable, the difference between what you are paying now and what you end up paying for a new place, up to the term of the original lease.
You may have to hire an attorney to enforce your rights.
This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.
2 lawyers agree
How is the new lease different from the old lease?
No, you do not have to sign a new lease if your lease with the private owner is still in effect. You cannot be evicted for refusing to sign a new lease under such circumstances. However, you can be evicted for failing to pay rent. It seems you might not want to stay there if there are truly mold issues which might present a health issue for your family.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
1 lawyer agrees
You cannot be forced to sign a new lease and you will not be evicted for not signing the new lease. I would hire a lawyer right away to write a letter on your behalf to let the management company know that you are fully aware of your rights.