Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I recently moved into an apartment in CA. I was quoted $4000/month, the electronic lease agreement I received showed a price of $3800 per month. I signed the lease based on what was on the agreement, and moved in. When I moved in, I got the docusigned countersigned. The landlord is now demanding that I sign an amended lease with the correct rent on it. They have spoken to their lawyer and their lawyer has advised them to file a summons and complaint.
How concerned should I be?
Quote:
Originally Posted by BeachyPeachy
We had looked at multiple apartments with different monthly rental amounts, we probably looked at 5 ranging from 3800 to 4300 and when I got the lease I just went through the lease and ran the numbers that we written on it to make my decision. I'm not necessarily trying to take the LL for a ride, but I did run the numbers based on what the lease itself said, I didn't reference any other quotes we were given. The quotes were written for those wondering. The lease was automatically generated by their system and sent through docusign.
Wait. You just said you got a quote for $4000. Now you’re saying you didn’t look at the quotes and just signed the lease. Come on man. You’re telling me that you don’t write down the addresses the asking rent and deposit amounts? I’m betting you knew exactly the quote you had for every rental you called on and what you saw when you were signing possibly hoping you would slide under the radar and once you signed oh well their mistake too bad so sad?
If your goal is to sour a relationship keep up the im innocent it’s your fault act.
Quote:
Originally Posted by MrRational
The op never said "advertised" just 'quoted' which implies verbal.
But even with a published $$ ... I think the contract writer is still on the hook for their error.
If the error was an actual error --like a transposition or had dropped a decimal ($2460 vs $4620 or $380. vs $3800.)--
rather than just forgetting to bump up the number on their Word file they printed out... maybe then.
As it is presented though... nope.
So what? You think it’s right to do what OP is doing? It’s a mistake. The rate was quoted as $4000. Regardless if it’s verbal or advertised in print, it was understood by all to be at x amount by all parties involved. The docusign paperwork was in error.
Like I said if they want to try playing the LL that’s their prerogative. If i made a mistake and wrote a higher price on a lease I would simply edit it as it was a mistake. Even if it wasn’t brought to my attention. I’m not going to hold you to the higher rate and sour a possible long term relationship.
So what? You think it’s right to do what OP is doing?
I'm saying that "right" isn't a part of this discussion.
Quote:
It’s a mistake.
Correct. And the PM made it.
They intended to bump the rent by 5% over what they were charging
but neglected to update the electronic files involved to do that.
They don't get a pass on dropping the ball.
---
As far as what is 'right' ... the onus is on the PM to offer a remedy.
If the tenant is prepared to move at lease end ...especially so.
I'm saying that "right" isn't a part of this discussion.
Correct. And the PM made it.
They intended to bump the rent by 5% over what they were charging
but neglected to update the electronic files involved to do that.
They don't get a pass on dropping the ball.
---
As far as what is 'right' ... the onus is on the PM to offer a remedy. If the tenant is prepared to move at lease end ...especially so.
Yeah I think he better be prepared to either move or have one hell of a rent hike. Even if op gets to keep his 3800 a month rent after the court date in the end he will still lose.
The issue is a simple case of scriveners error. But you’re a pretty smart person and already know this. The tenant clearly understood the rent to be $4000 from his initial post. Regardless how it was conveyed. This isn’t “getting a pass.” The amount was clearly disclosed. This is a simple mistake. But you refuse to acquiesce that fact the OP is in the wrong.
Then in the different post OP tried to play the Oh my i just looked at the lease to do my calculations I wasn’t paying attention. I’m just a innocent in this whole rental thing. This seems to be nothing more than OP trying to get away with the lower rent by asking can I get away with this legally. If OP wants to try to press the issue he can. I’m sure that the LL will press back. Eventually they will need to let a judge decide who is right.
This is a perfect example why both my wife and I read and reread the leases, I collect rent wel in advance of move in day, all the utilities are to be changed in tenants name, and everything is checked again before I surrender keys
The contract is the legal binding document. If the party writing made an error and put it forth is SOL.
And SOL is exactly what the tenant will be, come lease renewal time. So if they're moving on in a year and don't care that the landlord will be extra-hard to deal with for those 12 months, fight away over a... 5% difference.
Otherwise, ask for no more than a token concession like one or two months at the misstated rate.
And SOL is exactly what the tenant will be, come lease renewal time. So if they're moving on in a year and don't care that the landlord will be extra-hard to deal with for those 12 months, fight away over a... 5% difference.
Otherwise, ask for no more than a token concession like one or two months at the misstated rate.
Because they made a mistake doesn't give them the right to not provide the same habitually. If he is in a tenant friendly state the LL can be in even more trouble trying to take that route. Retaliation is frown upon by most judges.
This isnt a question of what is the best course of action. It's a question of what is legally right which is he does not have to pay 4k.
You never have to sign an amendment to a contract.
So, I'd tell them, sorry, go ahead and sue. And if they do so, you'll be asking the court for your legal fees when you win.
A contract signed by both parties is binding. They know that - which is evident in the fact that they want you to sign an amendment. An amendment is only every necessary, if the parties want to change the actual contract. In other words, they know they have a binding contract now - and they are hoping you will simply agree to change the terms - even though you don't have to.
As to anyone saying you should care about whether or not your landlord won't renew your lease - is it worth $2,400 to you to have them like you? When they might raise the rent even more after the lease ends, anyway? My answer would be no.
And by the way, when they try to also rip you off regarding your security deposit, your rights are in this document:
Serious question. How eager would most landlords be to change the contact if a tenant signed up for $200 more a month than was quoted? My guess is very few, especially if he tenant didn’t say anything.
Your relationship is probably soured at this point anyway, if they are already threatening legal action. My guess is you’ll be non renewed even if you agree to the $4000. Something to consider anyway
You never have to sign an amendment to a contract.
So, I'd tell them, sorry, go ahead and sue. And if they do so, you'll be asking the court for your legal fees when you win.
A contract signed by both parties is binding. They know that - which is evident in the fact that they want you to sign an amendment. An amendment is only every necessary, if the parties want to change the actual contract. In other words, they know they have a binding contract now - and they are hoping you will simply agree to change the terms - even though you don't have to.
As to anyone saying you should care about whether or not your landlord won't renew your lease - is it worth $2,400 to you to have them like you? When they might raise the rent even more after the lease ends, anyway? My answer would be no.
And by the way, when they try to also rip you off regarding your security deposit, your rights are in this document:
If you ask me? Been doing this LL thing for 25 years. My leases get proof read by three people. Me my wife and a lawyer. And I go over the lease with the tenant present. I never miswrote a term and condition of payment.
If I were in this situation and tenant refused to amend to the initial agreed upon rate because of a mistake such as this I wouldn’t waste the time to go to court. It would cost me as much time and money to try and get the $200 as it would to actually get the $200. They want to stick to the contract? Ok it is what it is. But after this I know the exact type of person I’m dealing with. They want to be unforgiv8ng? Twocan play that game. Sure you got one over on me. Congratulations. I would eat the $200 a month but the lease simply would not be renewed when it came up for renewal. I dint have to renew it. And since you aren’t past the 12 consecutive months all I’m required to give is a 30 day notice. And things that I would normally give a pass on and not charge as far as damage at final walk if I could rightfully charge it I would. Not to mention any misstep by tenant during the course of the lease will be enforced. They don’t “need to rip you off” they can simply charge for any damage other than normal wear/tear you caused throughout your residency. They can use the highest quotes they get to do the repairs. And they can also give you a bad reference.
Quote:
Originally Posted by Patsnation34
Serious question. How eager would most landlords be to change the contact if a tenant signed up for $200 more a month than was quoted? My guess is very few, especially if he tenant didn’t say anything.
Your relationship is probably soured at this point anyway, if they are already threatening legal action. My guess is you’ll be non renewed even if you agree to the $4000. Something to consider anyway
Don’t be so sure. I would absolutely without a doubt do everything I could to make sure the agreed payment reflected the agreement if it was written wrong. Why? Because I’m not going to screw a person over for a few hundred bucks. I make plenty of money. I’m not greedy and I don’t need to screw someone out of their hard earned money.
These instances were in the last two months.
My most recent tenant moved in the rental this May. The rent is xx95 a month. They sent xx00. Basically rounded up. I sent a check for $5 with a note to please pay the correct amount. I could of kept it and she wouldn’t of said anything.
Different tenant. Sent $50 over the normal amount. I refunded the $50 a couple of days later. They cashed the check and of course this month they sent $50 less than normal amount. Called and they are sending another check. It will be late. I’m not charging a late fee. Sometimes people make mistakes.
I refuse to screw someone over for a few bucks. I never have done that nor will I ever do that.
If you ask me? Been doing this LL thing for 25 years. My leases get proof read by three people. Me my wife and a lawyer. And I go over the lease with the tenant present. I never miswrote a term and condition of payment.
If I were in this situation and tenant refused to amend to the initial agreed upon rate because of a mistake such as this I wouldn’t waste the time to go to court. It would cost me as much time and money to try and get the $200 as it would to actually get the $200. They want to stick to the contract? Ok it is what it is. But after this I know the exact type of person I’m dealing with. They want to be unforgiv8ng? Twocan play that game. Sure you got one over on me. Congratulations. I would eat the $200 a month but the lease simply would not be renewed when it came up for renewal. I dint have to renew it. And since you aren’t past the 12 consecutive months all I’m required to give is a 30 day notice. And things that I would normally give a pass on and not charge as far as damage at final walk if I could rightfully charge it I would. Not to mention any misstep by tenant during the course of the lease will be enforced. They don’t “need to rip you off” they can simply charge for any damage other than normal wear/tear you caused throughout your residency. They can use the highest quotes they get to do the repairs. And they can also give you a bad reference.
Don’t be so sure. I would absolutely without a doubt do everything I could to make sure the agreed payment reflected the agreement if it was written wrong. Why? Because I’m not going to screw a person over for a few hundred bucks. I make plenty of money. I’m not greedy and I don’t need to screw someone out of their hard earned money.
These instances were in the last two months.
My most recent tenant moved in the rental this May. The rent is xx95 a month. They sent xx00. Basically rounded up. I sent a check for $5 with a note to please pay the correct amount. I could of kept it and she wouldn’t of said anything.
Different tenant. Sent $50 over the normal amount. I refunded the $50 a couple of days later. They cashed the check and of course this month they sent $50 less than normal amount. Called and they are sending another check. It will be late. I’m not charging a late fee. Sometimes people make mistakes.
I refuse to screw someone over for a few bucks. I never have done that nor will I ever do that.
I’m not debating there are people who will do the right thing. Of course some will.
However, others will not. In my opinion, the OP should honor the agreed upon rent and sign the paperwork reflective of that.
I’m simply pointing out that it goes both ways. Would this LL be sorting this out with a layer involved if he was getting 4200$ a month? My guess is no, and that’s probably the truth, despite what people may say.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
