Q: Should I sign a renewal lease that is dated 40 days after the date it was given to me? Can they charge me after the fac
after the fact? My lease was suppose to renew on 10/1/2015 and I only received the new lease terms on 11/9/2015. I've been paying my rent based on my old lease which is what they were billing me. Can they come back at me for the extra money when they did not give me the new lease until now? What are my rights here? Thanks
A: We can't tell you what your rights may be without reviewing the document and all pertinent circumstances. Obviously you should talk to a lawyer in your state before you sign. It may be good to scratch out the printed date and write in the date on which you actually sign, but again, get legal advice first.
A: What you have is a tenancy at sufferance, which means that the lease was renewed when you paid rent after the old lease elapsed (assuming the landlord cashed the check--accepted the tenancy). From a strict common law perspective you probably locked the lease at the old rate for at lease 2 months (and maybe longer). The landlord cannot force you to pay "back" rent. However, they can ask that you vacate the apartment after a 1 month notice period. Contact a lawyer--ask specifically for "unbundled services"--this limits what help the attorney provides, but will also reduce the cost. Also be aware that your local courthouse in association with your local bar probably has legal assistance. I have personally handled matters like this for the Larimer County Justice Center (a courthouse) at a free to low cost basis, so I know that these programs are available and helpful. If you live in or near Denver, check with the Metro Volunteer Lawyers (free to low cost).
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