A question for lawyers here on DU: a friend whose apt. Building was sold to a new company last

[niyad]

year here in CO, got her new lease yesterday. The rent went from 775/month to 1080. That was bad enough. She told me that the new document is 68 pages long, and each page has to be initial led in three places. Bad enough. But what confuses and concerns her is this bold-type statement at the end: Notice; a lease is not a contract.

She is confused, wondering what this statement means from a legal standpoint. I wonder the same, as in what legal shenanigans this company is contemplating. Obviously, whatever this means benefits them against the tenants.

Any information would be greatly appreciated. Thanks in advance.

[sarcasmo]

1. That seems shady A/F. I would research the new company before signing anything.

[niyad]

5. She really is not in a position not to sign, as she is having a difficult recovery from rectal

cancer treatment and surgery. The company seems to have a decent rep, but this is troubling.

[TreasonousBastard]

2. Not a lawyer, but I do know that a lot depends on which state she's in. And 68 pages for...

an apartment lease does seem a bit extreme. Sounds more like a commercial lease.

[niyad]

3. The company owns many properties here in CO, commercial and residential.

[SWBTATTReg]

4. Maybe hire her own attorney to review this document (the new lease), AND each state / city has

different rules for leases, etc. so it might be worth hiring an attorney. After all, a lease is one of the most expensive things a person can get. Biggest thing is that if she's concerned, her gut feelings are telling her this, and that she should listen to them and either refuse to not sign (you'll have to move to another place probably). Good luck to your friend.

[Hassin Bin Sober]

6. Here is a Colorado tenant assistance resource.

I would be surprised if your friend can’t get help here.

https://coloradohousingconnects.org/renters-i-need-help-with-a-tenant-landlord-issue/

[FSogol]

9. +1 This. n/t

[niyad]

10. Thank you for the reminder. Another friend was being assisted through them, but I thought it was

for low income assistance.

[KentuckyWoman]

19. +1

Laws are local. Anything the rest of us know where we live may or may not apply.

[no_hypocrisy]

7. Of course a lease is a contract.

It’s a legal document that preserves the rights of both the tenant and the landlord.

[niyad]

12. That was a definite shake my damned head moment when she read that to me.

[Donkees]

18. Maybe the new owner is converting them to month by month agreements (?)

A month-to-month tenancy is usually created when a tenant moves into a property and pays rent without
signing a lease. It may also be created when an expired written lease is not renewed but the tenant
remains in the property as a “holdover,” with the landlord’s consent. In such a case, if the written
lease contains a clause stating that all lease provisions continue to apply after the written lease expires
and the tenant stays on with a month-to-month lease, then the rights and responsibilities of each party,
as defined by the expired written lease, remain in effect.

With any month-to-month lease, the landlord can raise the rent, change or terminate the agreement at
the end of each month, with proper written notice to the tenant. The tenant, likewise, can terminate
the lease at the end of the month with proper written notice to the landlord. Proper notice for both
landlord and tenant must be written and received by the other party at least ten days before the
last day of the rental month. (See C.R.S. § 13-40-107). However, a written month-to-month lease
may specify a longer notice period, for example, 30 days or 60 days before the end of the lease term.

WHAT HAPPENS TO THE LEASE IF A RENTAL PROPERTY IS SOLD?
A landlord cannot terminate a lease early simply because the landlord wishes to sell the property, unless
the lease expressly gives the landlord such a right. If a rental property is sold, the new owner/landlord
must honor a rental contract existing at the time of the sale. All lease terms, including the termination
date and the amount of rent, must be honored by the new owner/landlord unless the new owner/landlord
and the tenant agree to make changes. The tenant should always continue to pay rent to the original
landlord/owner until the tenant receives a written notice, signed by the original owner/landlord, directing
the tenant to send the rent to someone else.

https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf

[niyad]

20. Don't think so. She is being offered a choice of 6, 12 or 14 month lease.

[Donkees]

23. Short term leases (monthly, 6 month), 12 month, 14 month, have different clauses...

That's probably why the paperwork is over 60 pages long (?)

The landlord can change the terms of short-term lease as long as he or she gives proper notice.

[Hassin Bin Sober]

15. Hmm. Maybe not.

There may be a distinction based on length of the “contract”

Running it through the google to try and understand their “angle” in calling it not a contract



Lease contract vs. Rental Agreement

https://www.mysmartmove.com/SmartMove/blog/difference-between-lease-and-rental-agreement.page

[niyad]

16. Yes, I had seen that site, but it still did not seem to answer the question.

[Hassin Bin Sober]

17. Is your friend's lease going to be month to month or 12 plus months?

The answer could be to just call their office and ask why they are calling it not a contract.

They may say they prefer to call it a rental agreement.

[niyad]

21. She has an option of 6, 12 or 14 months. I told her to talk with the office mgr to see if she

could get an explanation.

[no_hypocrisy]

27. Same rules for "Agreement" and "Contract"

To be a contract, four elements need to be present to be enforceable by law:

1. Definite Terms of the agreement, contract -- express or implied
2. Acceptance of terms
3. Consideration (Something bargained for and received by a promisor from a promisee. Common types of consideration include real or personal property, a return promise, some act, or a forbearance.)
4. Offer of terms, inviting acceptance.

This Lease can't invalidate its reason for being. Otherwise, you'd have a 68-page document for squatters.

And according to Contract Law, a contract is deemed invalid in court if it's unconscionable or illegal, both of which this Lease appears to be.

[WhiskeyGrinder]

8. Find her local tenants union.

[SamKnause]

11. I am not a lawyer.

I use to be the manager for several apartment complexes.

The people I worked for really skirted the law.

It basically means they can shit all over you, but you have very little rights.

I had to go to court because a man's apartment flooded.

Before they rented it to him, it had been empty for years.

They knew it flooded every time there was a hard rain.

No other apartment in that complex ever flooded.

The water was six inches deep in the living room.

It ruined a lot of his furniture an antique shotgun, etc.

I was instructed not to talk at the hearing.

The landlord won the case.

[niyad]

13. Despicable.

[Mosby]

14. Put a line through it and initial and date after.

If they accept it then they accepted the new revised agreement.

[Hassin Bin Sober]

22. Probably something in those 68 pages addressing that.

A lot of large contracts have clauses that say signing by this agreement you agree to the original and any changes must be expressly agreed to.

I suppose you can scratch that clause out to LOL.

[LetMyPeopleVote]

24. I am not sure about Colorado law but in Texas leases are contracts

There are entire agreement clauses in the Texas leases that I have seen that make sure that normal contract interpretation concepts apply.

[niyad]

25. That has always been my understanding.

[Beastly Boy]

26. From what little knowledge I have, it is common for the parties to sign both a contract to lease and

a lease. The contract precedes the lease, and it is the former that usually has the clause stating that "the contract is not a lease". A contract to lease is an interim document that commits the parties to enter into a lease, nothing else. It also spells out the basic, but not necessarily all of terms of the impending lease, and spells out the terms under which either party may decline to sign the lease. The terms in the contract are still subject to negotiation, and a landlord cannot collect rent just based on a signed contract to lease, for instance. Did your friend ever sign a contract to lease?

A lease, on the other hand, is a legal document that governs the terms of tenant's occupancy, gives the tenant permission to move in on a specified date and for a specified time period, and gives the landlord the legal right to collect and sue for rent, among other things.

While I haven't seen leases with a notice like "a lease is not a contract", my guess is that it is the landlord's legalese butt covering maneuver to let the tenant know in writing that there is a difference between the two.

On edit: I may be wrong about the terms of the contract to lease being subject to negotiation.