OK, I have my original 12 month lease and then I re-signed another 12 month lease, which I am 1/2 thru now. I recently discovered that the original lease said ‘LANDLORD’ pays all gas/electric/water, when I have been paying it to the tune of about $3,850, for the last 18 months. ****NOTE/FYI: I live in a house with its own individual address; however, I am located right behind an medium size apartment complex, whom actually owns my property and that is who I pay my rent to ‘XXXX Apartments’. But the apartment has their own totally seperate address, even on a different street from me. (I will call the apartment XXXX Apartment and their address as 1234 1st St., Tucson, AZ and my name Jane Doe and my address 6789 2nd St., Tucson, AZ)
OK, so my original lease reads as follows:
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into February 1, 2008 by and between the XXXX Apartments, hereinafter referred to as LANDLORD, 6789 2nd St., Tucson, Arizona and Jane Doe hereinafter referred to as RESIDENT witnesses:
It is hereby mutually understood and agreed, that each individual signing this Lease under the title of RESIDENT agrees to the entire performance of the covenants and agreements contained herein and individually assumes the entire responsibility of the same as though he or she were the sole signer of this instrument, and that a violation of any of the provisions herein by any one of the makers is construed to be a violation by each and all of them.
1) TERM. This Lease will be for a period of Twelve (12) months beginning February 1, 2008 and ending January 1, 2009. A thirty days written notice to vacate is required to be submitted by either party of this lease in order to end this Lease agreement, whether or not the Lease term has expired and regardless of the amount or total of Lease payments made by RESIDENT.
2) PAYMENT: RESIDENT will pay as a Lease payment the sum of $11028.00 payable in monthly installments of $899.00. Monthly rental will be $899.00 less a N/A discount of $0 for a total rental payment of $899.00. If paid on or before the first day of each month during said term at 1234 1st Street, Tucson, Arizona. In the event, etc. etc. etc. it goes on and on for a total of 3 legal size pages, ending in both my and the ‘previous’ office manager’s signatures.
Now, the reason my landlord is saying the original Lease Agreement is because of the way the addresses are listed. (see my explanation of the way I am using ficticious addresses). So now, when I am trying to tell them that 9) on the lease clearly says in black and white that UTILITIES The LANDLORD will pay for electric, water, gas and related deposits for the Lease Premises through the expiration of the Lease term, or through the end of the tenancy by RESIDENT, whichever comes later., etc. etc. etc.
Anywa, the ‘new’ office manager at the apartment where I pay my rent to, says it is not valid and that I am actually living here on a ‘month-to-month’ lease and now she wants me to sign a new lease. (FYI: the former office manager, with whom I originally signed the lease with and who worked here for a couple years, has since been let go for allegedly stealing from the apartment, I don’t know if it has gone as far as ’embezzlement’?
Now, after my ‘Lease Agreement’ expired, I think it was 2 months later, the ‘again former office manager’ had me sign a ‘Renewal Agreement’, which reads as follows:
RENEWAL AGREEMENT
This renewal agreement dated March 1, 2009 will become a part of the original lease dated February 1, 2008 between the XXXX Apartments, 1234 1st Steet, Tucson, Arizona, 85712 and Jane Doe for the apartment located at 1234 1st Street, Apartment No. __house______ Tucson, AZ 85712.
ETC, ETC, ETC,
Again, the landlord is also saying this ‘Renewal Agreement’ is also not valid because of the address discrepency, it does list the apartments address on the Renewal Agreement (even though it listed my correct address on the original Lease Agreement but didn’t go on to mention the XXXX Apartments address until 2) under PAYMENT. But, in the Renewal Agreement, even though it shows the apartments address and then Apartment No. _________________ (above the line they typed in ‘house’) So it was obvious that I was who they meant. And thats how I pay my rent in an envelope every month. To: XXXX Apartments – From: Jane Doe in the house.
OK, so are there any attorneys out there who can tell me if the original lease is valid or not. And if the lease renewal is valid or not. Or if they both are or not. What should I do?
Thanks to all for reading and sorry this is soooooo long.
God Bless
EXTRA INFO: 1) I know I should have read the lease more thoroughly before I signed it, but I neglected to mention the fact that I am disabled, both physically and mentally. Not that that is an excuse, I just get really confused easily and, actually, I put the lease in a ‘good spot’ somewhere a long time ago, only to find it just last week, when I actually had time to read it.
2) The reason they are trying to get me to sign a new ‘correct as they say’ lease instead of my supposed illegal and incorrect lease so I am on a month-to-month is because if I am going to be month to month, which they said is fine, but then month-to-month, is about $100 more per month, maybe a little less. So it would be in my best interest financially to sign a correct one they are saying.
Also FYI: I actually do NOT want to live here anymore anyway. So I would be glad to get out of here!