Changes to lease without agreement

[nusias9]

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

In the state of VA a tenant is not protected by the Virginia Tenant Landlord Act when the landlord owns less than 4 properties. This is my situation and I have to heavly rely on my lease. I'm told that my situation in VA is strictly contract law.

Recently I have had major problems with the landlord whom refuses to execute repairs on a broke a/c. (VA zoning codes requires that rental properties have working HVAC systems)
Needless to say I had to bring in the Zoning department to enforce the code and make my landlord repair the A/C.

Suddenly without notification and/or an agreed admendment to the lease, I get a call from someone whom claims he has been hired by my landlord to manage the property. He made threats (of a bully nature) and told me I had to comply with the policy of his management company.

Clearly, I'm confused because there was no discussion between my landlord and myself regarding the matter. Not knowing if this is legal and not wanting to find myself in a worse situation, I have responded to his e-mails. I have sent e-mails addressed to this company and my landlord asking my landlord to confirm that she hired this company. My landlord refuses to respond to any e-mail I send. I assume she thinks she is no longer obligated to the lease, because she of her own will handed to property over to a manger.

My lease states, "The premises are not professionally managed, all references to managing agent are hereby deleted in their entirely and rent is payable to the landlord at the following address".

No where in this contract does it state that my landlord has the right to retain a management company at will. No where in the lease does it state that my landlord can make changes to the lease at will nor does it mention an admendment process.

My position... I did not agree to admend the lease nor will I send my rent check addressed to someone other then my landlord as stated on my lease. I purposely rented this home, because it was not managed by a management company. I have this management company telling me that they control the property I have to now follow there policy and I'm not allowed to pay rent directly to my landlord.

Since this is contract law... Am I obligated to this management company just because my landlord decided she wanted to hire someone to handle the property? She will not acknowledge that she hired this company and there is no signed agreed admendment.

I'm pulling my hair because I'm told she will not take my check if I send it to her.
The company said they will remove me from the property if I do not pay them directly by the 5th of the month.

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

 

[FarmerJ]

First make a copy of your lease and store it off site like in a bank box or at a very trusted friends or relatives. After you have checked the lease to verfiy whether it allows for additional modification of terms , IF it does not allow for rule changes then feel free to send this so called management firm a copy of your lease and remind them that there will be no changes in rules or terms and that your going to have to pay the rent as you always have unless you receive written proof that they have been hired to handle the unit. Even if the lease said it was not managed by a firm when you signed it that doesnt mean that the lease cannot be transfered to them for management purposes. Send your LL a written letter asking again if they hired out the management send it via confirmed mail delivery at the very least or registered return reciept mail. Plan for the worst , BTW your aug rent should be sent same way. IF the property management comes to door again and will not offer proof like a copy of a signed contract and they act badly call the police and have them either get them to pony up the proof or to leave.

 

[nusias9]

Thanks for the reponse.

I have sent e-mails (3) addressed to both them and the landlord requesting written confirmation that they were hired since June 25.

The company will not show me their contract.. all they send via e-mail is "I assure you there is a contract!" I have no idea who these people are other then a total stranger on the other end of a phone demanding the rent go to them.. My landlord did not send me notice and/or never indicated that she was going to turn it over to be managed..

I'm to understand that she will not accept the rent directly from me, but yet she will not confirm that she hired this company.

I do not trust my landlord as she wanted us to leave the unit (to avoid fixing the A/C) and we refused..So I'm expecting for the worse as in having to go to court over this.

Since neither will confirm or show proof, would there be grounds for an eviction (via courts) if I continue to pay the rent directly to landlord? Can she refuse the rent even when she has not confirmed that she hired this company?

 

[OHlandlord]

Quit sending e-mails. There are any number of reasons why someone doesn't respond to e-mail, not the least of which is that the provider doesn't always get them through. (Not all services are relaiable!) Send the request for verification by written correspondence, send by registered or certified mail, with a return receipt requested. Keep a copy for yourself. This way you can prove the LL got a copy of your request for verification and failed to respond. It will be hard to evict in court for not paying a management company that she refused to verify.

 

[ecmst12]

Of course landlord is allowed to hire a PM company. However neither he nor the manager are allowed to make any changes to the lease (with the probable exception of where you send your rent to) without your consent, until the term expires. They can't change the rules, make the term longer or shorter, or change the rent.