I signed a lease back in Dec 2016 for an apartment. In March 2017, the owners decided to hire a property management company to take over. This company sent us a new lease to be signed, but my understanding is that we cannot be forced to sign it since our current lease isn't up. I contacted the property management company and asked for a copy of my current lease from December. They informed us that they never received it, hence why we received a new copy (but different) copy to sign. We reached out to the owner to get a copy of our signed lease. All they sent us was a blank copy of a revised lease form. We specifically asked for the signed copy. What can I do in this situation? We refuse to sign the new lease since we are currently under one.
It will be impossible to prevail on an argument that you have rights under an existing lease you cannot produce. It is true that you cannot be forced to sign a new lease. In fact you can never be forced to sign a lease. One signs a lease to acquire rights of tenancy and establish the price for same over a defined period of time. If that is what you want, you will want to sign the new lease (and keep a copy of the signed lease this time). For further information on tenant rights not implicated in this question, Idaho Legal Aid Services and the Idaho Attorney General have helpful information available.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
It may be that you can reach an agreement if there are specific terms that you are not agreeable to under the new lease that you know were not included in the prior lease (or terms that the prior lease included that you would like to remain). You cannot be forced to sign a lease but a lease can also provide protection for you as the renter in some ways so it may not be desirable to remain living in the apartment without either you or the new landlord having a contract between you. If you cannot reach an agreement as to all of the terms for the lease you may be able to reach a limited agreement for terms related to you moving out.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline