management/ landlord makes new rules to lease after it was signed? illegal?

[mxiong]

Hi there,
My name is Victoria. My husband and I along with my sister and brother-in-law and another sister just moved into a rental home here in spartanburg, SC. I need your advice on how to handle this residential management/landlord situation.
The monthly rent lease is signed for $750.00
We are renting from a management. They told us that if we really want the house due to the fact that there is a lot of other applicants already put out an application before us but they haven't put down a deposit then we need to put down a deposit of $200 so in case if we get approve we'll get the house first, in which we did. 3days later we got approved and we went n signed the lease n paid the full deposit of $750 and 1st mth. Rent of $750. Then the mangt. Said the owner prefer a 1 couple to live in the home (which is not in the lease all) So I said that will be a problem. The management said if we backed out now we will lose the whole deposit. What am I to do since they withheld information from us until everything was already paid for. So we moved in Aug. 9, 2011 and today which is aug. 23 they call and said that if the other couple don't move out within 2 mths the rent will go up to $1200mth. Also after 3 days of moving in we found out the home owner lives across from us!!!! More info withheld from us. Then this past friday the home owner shows up at our house at 7am to check the house (which goes against the lease bc he suppose to come within the hrs of 9am-6PM (regular check up) or 8am-8PM (for providing services requested from the tenant). Other issue was that the home owner said we cannot have any parties at all (which is not also in the lease)! They are making new rules as we live here! Please help give me some guidance in how to handle this situation. They are trying to rip us off. Please get back to me soon. Than you.

[AFFA]

I wish to inform you that only terms and condition which are on your lease are enforceable. Any terms and condition which is not on lease is not enforceable and hence not valid. Agreement terms and conditions are only enforceable between parties and you may thus inform landlord that you cannot be made liable for terms and condition which were not in agreement. Further new terms and condition may be added only after you agree to new terms and condition.

AFF

[Lexus]

Your LL cannot make /add new terms and rules according to his whims and fancies, once the lease is signed by the parties. Signing an agreement means the parties to the agreement have agreed on the terms of the contract and are bound to comply with the terms. So your LL has to obey with the terms of the agreement. He/she may add/make new terms and rules only after getting your consent. You may inform the LL that you cannot be made liable for the terms which are not agreed upon between you and the LL.

[mxiong]

What about the part where the management and landlord wanting only 1 couple to live in the house? It's not a 2 household living there it's just all family. How do I respond back to the landlord? What rights do I have against landlord?(this part is not also anywhere in the signed lease)

Did ALL adult people sign the lease? Are ALL adults living there "jointly and severally" responsible for the rent? It makes no difference if they are ALL family or if they are all wombats...so what?!

Did they ALL sign the lease? I doubt it.

If people who are living there are not specified on the lease, and the lease is signed just by you and your spouse (let's just say), and you have other people living there, you could be summarily evicted. There also might be ordinances that limit the number of people residing in a unit.

People who reside there need to be specifically named (usually) on the lease agreement, for insurance purposes and to protect the landlord.

Go ahead and cry out "But they're all family!" That's usually something that will NOT hold up in court. Sounds like you may be running a flop house for everyone in your "family." Not a good idea.

[Friend In Court]

The writing is what it is and the landlord needs to abide by it. If he continues to harass, there are tenants rights organizations which can be of help.

[mxiong]

Originally Posted by R U Kidding Me? Did ALL adult people sign the lease? Are ALL adults living there "jointly and severally" responsible for the rent? It makes no difference if they are ALL family or if they are all wombats...so what?! Did they ALL sign the lease? I doubt it. If people who are living there are not specified on the lease, and the lease is signed just by you and your spouse (let's just say), and you have other people living there, you could be summarily evicted. There also might be ordinances that limit the number of people residing in a unit. People who reside there need to be specifically named (usually) on the lease agreement, for insurance purposes and to protect the landlord. Go ahead and cry out "But they're all family!" That's usually something that will NOT hold up in court. Sounds like you may be running a flop house for everyone in your "family." Not a good idea.

Thanks for your reply. The lease was only signed by my husband and the management company. Everyone who is living there (which is 5 of us) are listed by name on the lease. So basically the landlord can't hold that against us right? That landlord is out get our money? It makes me so angry.