Can A Landlord Refuse To Give You A Copy Of The Lease?
Moving in to a new place is very exciting. It is an opportunity to decorate a new space and reorganize your life. Once you pass the application process and get the keys to your new place you may think you have everything you need.
Then you realize your landlord never gave you a copy of your lease. When you ask for your copy, your landlord refuses to give you one. Can a landlord refuse to give you a copy of your lease?
Your landlord should always provide a tenant with a signed copy of the lease. If your landlord refuses you should check your local laws to learn your rights. Send your landlord an official letter requesting a copy of the lease. If your landlord does not respond, pursue the matter further. You can also ask a leasing office or management company for a copy if one exists where you live.
Why You Need A Copy Of Your Lease
When your landlord refuses to give you a copy of your lease you should persist further. Do not simply give up. When you do not have a lease it is important to realize why a copy can be so important.
It Holds Both Parties Accountable
Your lease is a legally binding document, but it is also a rulebook. A lease is filled with important facts and dates, but it also has basic rules that you and your landlord must abide by.
If you do not have a copy of your lease you may violate certain terms without knowing. Your landlord may also violate the lease, and without your copy, you may not even know it is happening.
Home For Important Information
Your lease holds some very important information that may not be found elsewhere. First, your lease has all your rental information. The amount you owe, when you owe it each month, and how you are allowed to pay can all be found in your lease.
Your lease also has important information about when your lease ends, and what is included in the lease (i.e. utilities and appliances).
Defense In Court Of Law
The lease may also be a crucial document if you and your landlord are ever legally at odds. If there are ever eviction proceedings the lease may be the most important document. It is crucial to have your lease to prove that you did not violate any lease terms.
If you do not have your lease, your landlord may still have to present a copy in court, but if you have your copy it will be much easier for you to defend yourself.
When You Should Get A Copy
You may find yourself in a position where your landlord refuses to give you a copy of your lease. If this situation occurs, you should be aware of when you should have received a copy of your lease.
After Lease Is Signed
A common time to receive a copy of your lease is when you and your landlord sit and sign it. This time often occurs after your application has been approved and you and your landlord meet face to face. The signing of the lease also often occurs at the same time money is exchanged.
You should receive a copy of your lease at this time. If your landlord is unable to give you a copy the moment the lease is signed you should ask when you will receive a copy.
When Keyes Are Exchanged
When your landlord is not able to give you a copy of the lease when it is signed, you should receive a copy shortly thereafter. Another possible time you may receive your lease is when the keys are handed over.
This is often another face-to-face meeting between you and your landlord or a landlord representative. If you have not received your lease by this day you should reach out to your landlord requesting your signed copy of the lease at the same time you receive your keys.
When You Request In Writing
With modern times there may be very little face-to-face interaction between you and your landlord. In fact, some people never even meet their landlord. If all your dealings with your landlord are done electronically or through mail you should request your lease in writing.
Send a dated letter requesting your copy of the lease. You may receive an electronic copy, but you should also receive a signed copy. If you do not receive your copy within a reasonable amount of time you should pursue the matter further.
When Your Landlord Refuses
Your landlord should not refuse to give you a copy of your lease. If this happens there are certain steps you should take immediately.
Check Your Local Laws
Although some states vary, most states have laws in regards to landlords providing copies of the lease to tenants. Usually, a landlord must provide you with a copy of your lease within a set amount of time. Some states require a landlord provide a copy within 15 days of the lease signing, for example.
Once you have checked your local laws, be sure your landlord abides by them. If you have not received your lease in accordance with your local laws, move on to the next step.
Send Certified Letter
After you look up the local laws, you should send your landlord an official letter if you still do not have a copy of your lease. You should include the date you signed the lease, the date you are sending the letter and the state laws as necessary.
It may be wise to send this letter certified mail to prove that you sent it, and that your landlord received it. If this is not an option, you can try requesting a received receipt via email.
Ways To Get A Copy Other Than Landlord
Ask The Management Company
If you interact with a management company in addition to your landlord, they may be able to help. When your landlord goes through a management company, or if there is a leasing office in your building they may have a copy of your lease filed. Even if they do not have your signed copy they may at least be able to provide you with an unsigned copy.
Local Court
If there have ever been legal filings between you and your landlord they may have a copy of your lease. You can check with your local court clerk to see if your lease is on file. If so, they may be able to provide you with a copy.
You Live In Rent-Controlled or Rent-Stabilized Housing
If your apartment is rent-controlled or rent-stabilized there may be information on file. Your landlord is likely required to file your lease, or at least some information pertaining to the lease, with the housing division each year. See if you can get this information from the housing division if it is on file.
When You Lose Your Lease
If you received your lease but lost it, you may still have options. In addition to trying similar routes listed above, you can check local laws again. Some states may require a landlord to provide you with an additional copy of the lease.
If you and your landlord have a professional relationship there is a good chance he or she will provide you with a new copy.
Related Questions
Is The Copy Of My Lease Valid If My Landlord Did Not Sign It?
If you notice your landlord has not signed your copy of the rental agreement or lease you should request a signature. In some states a lease that is not signed by both parties can be viewed as an “oral lease” or a tenancy-at-will agreement.Just because the copy your landlord has contains both signatures does not mean your landlord will show this copy in court. Check your local laws. Several states will see you paying rent and the landlord accepting the rent as an agreement of lease terms. Even if your state looks favorably on an unsigned lease, it is best practice to request your landlord’s signature on your lease.
What Is a Tenancy-At-Will Agreement?
A tenancy-at-will agreement is a tenancy agreement between a landlord and tenant that has no specific ending date. This type of agreement can be ended at any time by either the landlord or the tenant. The main difference between a lease and a tenancy-at-will agreement is the flexibility in regards to a tenant’s ability to move out and the landlord’s ability to move a tenant out.When a Tenancy-At-Will agreement ends in eviction there are still rules. These rules can vary from state to state, and may not be as strict as they are with a written lease.
Can My Landlord Refuse To Renew My Lease?
Just as a tenant can move out after the lease ends, a landlord can move on from a tenant. In most cases, a landlord is not required to renew your lease when it expires. Your landlord cannot change the lease or illegally kick you out during the duration of your lease. Your landlord can, however, decide to change the lease once your current lease expires. This includes your landlord raising rent as high as the law will allow. He or she may make other stipulations as well.
Related Guide
Tom Gaffey is an expert writer who currently resides in Washington D.C. Tom has a passion for real estate and home improvement writing, as well as travel and lifestyle writing. He lived the last twelve years in Hawaii where he worked closely with luxury resorts and event planners, mastering his knowledge of aesthetics and luxury products. This is where he found his passion for home improvement and a keen interest in DIY projects. Currently, Tom resides in Washington D.C, and also working on his debut fiction novel.
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