A new lease

[terminatedone]

What is the name of your state (only U.S. law)? PA

a friend asked me these questions and i told them i am not a lawyer or know the answers but i would post them here for them and see what the experts state.


friend is in the middle of a lease. friend lived in current house for 5 yrs and now landlord wants to offer a new lease be signed. original lease was for 1 year then it went to month to month. now landlord wants the friend to pay for the increase in any taxes that the state, county, township charge the landlord. i stated that this is bogus since it probably is already paid out of the landlords mortgage on the house. IS THIS Correct? Also, landlord wants them to pay for any increase in premiums on the insurance. Friend currently has their own renters insurance. (i stated that the landlord probably doesnt have it listed as a rental property-which i know is a little bit of a higher premium then just renters insurance) Also, after friend has lived there for 5 years, landlord wants them responsible for any maintance on the appliances (washer, dryer, refrigerator, heater). Why is that if the items are already owned by the landlord and already have years of wear and tear on them by the landlord? Apparently the refrigerator failed and landlord stated that if they want a refrigerator they have to buy one themselves. i guess they can take the new refrigerator with them when they leave? What should I tell my friend? Would friend be able to break the lease or make the lease null and void if there were problems since this should be the responsibility of the landlord?

as i indicated i am not familiar with the rental laws in PA and just figured someone on here would know better than me.

thanks in advance for anyone that can help, so i can help a friend.

 

[FarmerJ]

If your friend really likes where they live then if they choose to replace appliances the best thing to do is put them in the basement or garage , cover them up and plan on putting them back in place when they move and take the appliances they bought. In 5 + yrs fair odds are insurance and property taxes have gone up , its reasonable for a LL to want the rent to cover those things, whether the house is paid off or not is none of tenants concern. The tenant can sit down and ask the LL to set one rate of rent for one year that will cover what it needs to and that also can be with appliances not being included any more , tenant choose to decline the new terms and give proper written notice and vacate. (LL can do it other way too and simply give tenant proper notice telling tenant to move out) But if tenant really wants to stay on then perhaps the tenant and LL can come to a written agreement that satisfies both.

 

[Searchertwin]

LL can provide a new lease with anything they want to have in them.
A tenant does or doesn't have to accept.
If tenant doesn't accept, you will be given 30 days notice to vacate.
If tenant does accept, than you will be obligated by the terms of the lease.

If appliance was not a part of lease that was included in renting the place, than it is up to tenants to repair. Now if it was part of lease than it is the LL responsibility UNLESS new lease states different and AGAIN you don't have to sign and AGAIN expect the 30 days notice to vacate.

Your friend does not have to sign the new lease. If she agrees with what LL wants than sign and stop complaining.
I agree with Farmer, he stated, "But if tenant really wants to stay on then perhaps the tenant and LL can come to a written agreement that satisfies both."


You will have to give a 30 days notice to break the lease if you don't agree with the new lease being offered to you. It's that simple

On a side note, it is none of your business on how the mortgage is set up with the LL. Or how this is paid or that. Can I see how you pay your bills? Or who do you pay and why you pay for that one? It works both ways.

 

[applecruncher]

Doesn't your friend know you're not a lawyer? Does your friend know how to use the internet? If your friend doesn't have access to a computer, your friend can use one at the library. Tell you friend to post his/her own thread. (You say you told "them", so that woud mean many friends.)

 

[terminatedone]

Thank you, you all have been helpful. I will advise friend and let them make the decision on what they want to do. I think the best thing is to not sign the new lease and start looking for a new place to live. Question, if they do decide to stay, and say the taxes go up; can they claim the taxes on their IRS return for the following year?

 

[eridon2002]

No, the tenant can not claim the property taxes on their IRS return. Think of it this way-the Landlord is raising the rent to cover her higher costs. Just as a hamburger becomes more expensive when beef prices increase. The cost of inflation gets passed to the consumer. The Landlord is not making any more money. Was the rent not raised in 5years? You can't expect prices not to increase in 5 years. If the new rent amount is not in line with similar units in the area then the tenant is free to give notice and move elsewhere.

 

[Searchertwin]

Thank you, you all have been helpful. I will advise friend and let them make the decision on what they want to do. I think the best thing is to not sign the new lease and start looking for a new place to live. Question, if they do decide to stay, and say the taxes go up; can they claim the taxes on their IRS return for the following year?

Yes, just so long as they agree to pay the taxes on the LL income for the year. hahahahahaha
Really, what world does some of these people live in?