Can my landlord's father take over his job?
November 11, 2011 1:50 PM   Subscribe

My landlord is also one of my housemates. His dad is apparently taking over the landlord duties, but he (the father) is not listed on my lease. Today there was an unsigned notice up that my rent will now be either mailed or deposited into a specific bank account. What should I do to make sure I am covered in this situation?

I am renting a room in a house. My landlord is young (early 20s) and lives here. I haven't had issues with him, but he has apparently been negligent in fixing a leak in another housemate's room. I believe his dad bought the house with him (there is another person with his last name on the property ownership data I found online), but the son is the one named on my lease.

I have no problem with him taking over landlord duties, but I'm not sure if it's being done in an okay way. I haven't had any communication directly from my landlord. Another of our housemates basically told me the father had called him and said he was going to be taking over. Then today there was a notice up that our rent was now to be sent either to a new address or delivered to a bank account by transfer, and that late penalties are going to be enforced. This was unsigned, so I am not sure whether my current landlord or his father wrote it.

My lease does contain a clause that covers sale of the house to a new owner, and that the lease would transfer. In this case, the landlord is responsible for informing the tenants of this and providing contact information for the new landlord.

Since his father is, I think, the one on the house deed with my landlord, is he able to take over landlord duties without being listed on the lease? Do they need to do anything other that post the notice that was up?

I am planning on e-mailing my current landlord to ask what's up since I rarely see him at home (busy lives and all), but I'd like some guidance with what I should say and request here.

I live in PA if that matters.
posted by DoubleLune to Law & Government (6 answers total)
 
Sounds like you need to invite the person over for a review of things in general and a cup of coffee and such. Be all smilely and get a measure of his style and all that. BEFORE anything [ good or not so good] happens at all. A new landlord who is an actual deaded owner in any capacity is also a party to any lease, or might as well be, it is not your house. See what a nice calm approach gets you first.
posted by Freedomboy at 2:36 PM on November 11, 2011 [1 favorite]


If you're going to bother to have a written lease (don't get me wrong - I say hooray to that) you should bother to have it reflect reality. I can't think of much of any way that this could likely bite you in the ass but the whole point of a written document is to remove that sort of uncertainty.

Did this written notice have any sort of contact information on it? The most immediate concern I'd have in your shoes is that you have a document spelling out who is responsible for dealing with issues (or at least who the legal buck stops with) and now you're going to be filling your financial obligations to someone else who isn't spelled out.

I'd ask the appropriate people to provide you with a new lease and a document releasing you from your obligations under the old lease. If you can't get someone to agree to that then I'd be concerned you're going to find yourself in the middle of some sort of family dispute/turf war.

Be cautious about people who don't want to resolve this paperwork discrepancy. They may not be malicious but sloth can be just as dangerous. If they want to wave it off as no big deal then you can reply that, therefore, it should be nice and easy to write you a letter voiding the old contract.
posted by phearlez at 3:40 PM on November 11, 2011 [1 favorite]


nice and calm, as Freedomboy said.

If your landlord listed on the lease is your roommate why don't you just ask him? Or is he the type of guy that you just don't feel like comfortably talking to (he doesn't seem to really have control of the situation / is flighty)?

Also, leases don't need to have clauses about the sale of the home, those are covered by law (it transfers). That being said, it's odd that the father wouldn't have been a party to the lease in the first place.

Aside from inviting the father over, via the son, I'd also contact your local gov't, they should have an information number for renter's and landlord's rights. They will be able to answer your questions.
posted by zombieApoc at 5:17 PM on November 11, 2011


Best answer: This isn't that complicated from your side. Send your landlord/housemate an email saying that you want to be really careful about rental stuff so if he wants you to change how you deliver rent, you would like it writing with his signature. If he does that, then your problem is solved.

If he says, "no keep paying me directly" then send a letter to the address requested for payment saying that delivery of payment is governed by the lease and you would need written , as your landlord to change it. That lets dad know that there is a problem so he and his son can work it out while you respectfully keep to the letter of your contract.
posted by metahawk at 9:43 PM on November 11, 2011


oops - you need it writing from your housemate, as your landlord, to change it
posted by metahawk at 9:44 PM on November 11, 2011


Response by poster: Just to clarify, I'm not worked up about this situation. I just want to be careful so I don't end up in one of these "my rental situation is a nightmare WHYYYY didn't I get everything in writing situations."

I would ask my current landlord, but I never see him because of our work/school schedules.

But what metahawk says I like, and pretty much mirrors my sentiments.
posted by DoubleLune at 9:51 PM on November 11, 2011


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