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Landlord lost lease do I have to give him a copy - Landlord Forum thread 216662







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Landlord lost lease do I have to give him a copy by CA tenant on January 29, 2011 @17:06

                              
My landlord lost our lease. We are not on good terms. Am I required to give him a copy of the one I have.
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Re: Landlord lost lease do I have to give him a copy by Bryan (Ia) on January 29, 2011 @17:08 [ Reply ]
No.
Re: Landlord lost lease do I have to give him a copy by Eric (MN) on January 29, 2011 @17:57 [ Reply ]
You do not have to give him one.

Regardless of a written copy, or a verbal one, you need to abide by it. With a verbal lease, it is hard to enforce lease violations. If he would ever attempt to evict you for anything, you would have to produce it. If he takes you to Court over a verbal lease rent of $1000 per month, and your written lease only says $900, you will want to make sure you have a lease to produce.

He can also termninate your verbal lease, and you would have to prove you have a written lease by producing it.

So, while you can keep the only copy, it is wise to give him one. And if he does find his, and he probably will, you could have trouble too. You do not get any benefit from being the only one with a copy of the lease.

Re: Landlord lost lease do I have to give him a co by David (Pa ) on January 29, 2011 @17:59 [ Reply ]
No, you don't have to. but, you don't have to be A** about it either.
Re: Landlord lost lease do I have to give him a co by Anonymous on January 29, 2011 @18:20 [ Reply ]
Here is what you have to think about. If you wind up in small claims, what will the judge think about you not providing a copy so your tenant could fulfill the terms of it? Why would you not want the tenant to have a copy?
Re: Landlord lost lease do I have to give him a copy by JS (CA) on January 29, 2011 @20:23 [ Reply ]
Legally you do not have to give him a copy, however you gain nothing by having the only copy. Golden Rule applies here - "do unto others as you would have them do unto you."

What if the show were on the other foot and somehow you were the sloppy one with the books... you would appreciate your LL giving you another copy.

If it was me, I would give him a copy, ask him to pay for the time and trouble to copy it.

Then I would figure out why you are not on good terms, and realize he wants a copy to figure out how he can evict you, or when. Then I would make ammends and repair your relationship, or prepare to move.

That's what I'd do.

Re: Landlord lost lease do I have to give him a copy by CA tenant on January 30, 2011 @12:28 [ Reply ]
Thanks for the response. I haven't posted the whole story. Like I said we are not on good terms and the reason for my on question is this.
To Eric. I am current on rent and in full compliance with the lease. It is a good point that my withholding the lease may bring a frivolous lawsuit, in order to get a copy when I have to produce it in court.
A few weeks ago I locked my self out of my apartment. The landlord charged me a $125 to let me in(my key was inside the apartment no lock was changed). I wish to recover this fee. So that is why I am asking.
Lost key by Anna Mouse on January 30, 2011 @14:07 [ Reply ]
I think that $125 might be a bit on the high end. However, I would like to ask this question. If you owned the home and locked your key in, what would you do then? Just for thought, maybe you should have called your landlord and accepted the responsibility for the mistake, including on a financial basis. Asking him for permission to hire a locksmith at your expense? I don't know that the locks needed to be changed but you would have had your Drivers License with your current address, the home you needed access to on?

My point is taking a bit of responsibility and attempting to fix a problem is a real good way to get on your landlords good side. Do not mistake this as doing stuff to the property without permission being a good idea. However figuring out how to get back in without bothering the landlord may have been a great idea. You made a problem and then if you fixed it via having a locksmith come open your door to your home would have been wise. If the locks were not changed why would your landlord even have to know you fouled?

Instead what you did is make it his problem. Your mistake his headach. Can you see that? Charging the $125 is a charge for him having a headach, and losing time on a mistake that you created. Then you insult him when he asks for a copy of the lease. Maybe he had a copy and was testing to see what type of attitude you would present, during his migraine from your key mess up.

Re: Let us not forget,,,, by Bryan (Ia) on January 30, 2011 @23:14 [ Reply ]
Let us not forget the focus of the OP's question....
"My landlord lost our lease. We are not on good terms. Am I required to give him a copy of the one I have."

It has since come to our knowledge that the OP locked him/herself out. Subsequently we learned that T was charged money for the LL to let the T in and the T thinks that it shouldn't have cost as much as the LL charged. I wonder if the T will sue the gas station the next time the T thinks gas costs too much.....

Re: Landlord lost lease do I have to give him a copy by Wilton on January 31, 2011 @06:28 [ Reply ]
If you wind up in court, and he requests a copy, yes.
Re: Landlord lost lease do I have to give him a copy by xxx on February 1, 2011 @13:13 [ Reply ]
we charge $50 for a lockout or lost keys(this is specified in the lease), so $125 is a bit high but not outrageous

if the lease is silent on the matter, the judge will likely award the owner an amount equal to his actual cost of coming out there and letting you in (hard to calculate)

you don't have to give him a copy, but it may help you in that there is no specific charge mentioned for a lockout

plus, don't lock yourself out!


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