What are my rights an what should I do if the owner of my apartment complex altered the lease I signed with a different landlord?
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What are my rights an what should I do if the owner of my apartment complex altered the lease I signed with a different landlord?
The original lease I signed with one person but tthe copy they sent to the court says that I signed the lease with someone else. Alao, a few terms of our lease have been altered without our approval or knowledge. They are summoning us to court to try and evict us.
Asked on November 24, 2012 under Real Estate Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am hoping that you have a copy of the original lease agreement. A lease is a contract and you are obligated to follow the terms as agreed to with the person that you signed the lease with (your landlord). Now, I am hoping that the lease you signed was valid to begin with - that the person who signed it was permitted to do so as owner or agent of the owner. That could be an issue. The lease that they supplied to court is not what you signed and it should not be used to evict you, although more information is needed here. Please get help. You need to file an answer to the petition quickly and submit a copy of your lease. Speak with the court clerk about "affirmative defenses" such as the Petitioner/Plaintiff/Landlord is not a proper party and has no standing to bring the petition. And ask where you can get legal services. Good luck.
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