What Recourse Does One Have If The Rental Agreement Is Lost And The Apartment Change Owners?

[Renjiro]

I've been living in a unit for more than 10 years, however I can't locate my lease/rental agreement and the new owner says he does not have a copy. How do we settle the dispute regarding deposit and rent in terms of first and last months rent?

[Malin]

Locate evidence: agreement, cancelled check, receipt, neighbors' leases; ask old/previous owner, local government If you can not locate:- your copy of your rental agreement- a copy of your cancelled check(for first & last months' security deposit)- a receipt for your first & last months' security depositthen you do not have any real "evidence".You could try contacting:- the original or previous owner- your bankto try to obtain copies.----------------------------When the property was transferred from the previous to current owner,the old/previous owner SHOULD have transferred a journal or ledger documenting previous liabilities(like your & other security deposits)to the new owner.It is possible that the old/previous owner still has such or a copy?or they can make a deposition that such documentation was transferred to the current/new owner?---------------------------------------------------Alternatively,you may be able to get copies of neighbors' rental agreements to helpsubstantiate your claim that you paid a first & last months' security deposit.i.e. if your other neighbors' leases indicate they paid a security deposit,then it is "common sense" that you paid one as well?--------------------------------------------------Anything else depends on your jurisdiction;in some jurisdictions,they require people holding security deposits to maintain documentation, andthere may be certain governmental reporting requirements.If the old/previous/current owners failed to do so,then you might be able to contact your State or local government for assistance in resolving your issue. Many jurisdictions have "tenants rights" organizations.------------------------------References or resources:http://en.wikipedia.org/wiki/Rental_agreement------------------------------------------For more information or assistance,contact me LeheckaG on AskVille. Sources: My professional experience and personal opinion LeheckaG 68 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Jobe]

If you can not locate:- your copy of your rental agreement- a copy of your cancelled check(for first & last months' security deposit)- a receipt for your first & last months' security depositthen you do not have any real "evidence".You could try contacting:- the original or previous owner- your bankto try to obtain copies.----------------------------When the property was transferred from the previous to current owner,the old/previous owner SHOULD have transferred a journal or ledger documenting previous liabilities(like your & other security deposits)to the new owner.It is possible that the old/previous owner still has such or a copy?or they can make a deposition that such documentation was transferred to the current/new owner?---------------------------------------------------Alternatively,you may be able to get copies of neighbors' rental agreements to helpsubstantiate your claim that you paid a first & last months' security deposit.i.e. if your other neighbors' leases indicate they paid a security deposit,then it is "common sense" that you paid one as well?--------------------------------------------------Anything else depends on your jurisdiction;in some jurisdictions,they require people holding security deposits to maintain documentation, andthere may be certain governmental reporting requirements.If the old/previous/current owners failed to do so,then you might be able to contact your State or local government for assistance in resolving your issue. Many jurisdictions have "tenants rights" organizations.------------------------------References or resources:http://en.wikipedia.org/wiki/Rental_agreement------------------------------------------For more information or assistance,contact me LeheckaG on AskVille.