Q: Must a new owner honor an agreement made by the tenant with a previous owner?
My lease ended on 26 June. I am due to move out on 15 Jul. My previous landlord texted me with the sum of pro-rated rent ($875) for my last days on 26 June. On 27 June, the new landlord demanded full rent ($1800) for the month of July (1st - 30th). He said my old landlord was not in a position to honor the agreement because I had not paid rent yet, and it was not July yet.
I maintain that on 26 June, I went on a month to month lease spanning from 26 June to 25 July. My lease does not have a partial rent clause. With agreement from my previous landlord, I paid my initial rent of $1750 (to cover from 26 Jun - 25 Jul) plus $233 (to cover from 26 Jul to 31 July) when I moved in so I would always be 5 days ahead. We never talked about changing the dates of the lease.
My lease is explicit that rent is due in advance of the 26th day each month. I maintain my pro rated deal with my previous landlord should be upheld because I had already paid partial rent for the period. Who's right?
A:
Your new landlord doesn't understand how contracts work. The lease, in this case, an oral month to month lease, can exist and be enforceable when both parties make a promise to do a thing to the other. Your old landlord's promise was to let your rent for part of the month. Your promise was to pay for part of the month. That's all that is needed.
The new landlord doesn't like this, obviously, but he can't invalidate the contract made with the old landlord just because he doesn't like it or because you didn't actually make payment on the contract.
That you already made partial payment is even more strength to the argument that the agreement should be enforced.
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