Rental agreement mistake with date and amount Phoenix apartment (leasing, month to)

[Tukee18]

Last year in 2017, my rental agreement before any taxes was $1,057. At the end of the year I went to renew my agreement which was supposed to be about $50 more. I never realized that the first page where the dollar amount and Leasing period are, there was a mistake. Looks like they printed the same agreement from last year which shows the period of January 1st 2017 two December 31st 2017, and it also shows the same amount of $1,057. The rest of the leasing agreement, contains my initials and the date of December 27th 2017 along with the leasing office person which also put his initials in the same date. Turns out, today I received a letter that says that's I am in default under the agreement through non-payment of rent! This letter say sus of February 1st 2018 rent for the position of the above-referenced promises was in arrears in the amount of $1,238.99 plus the applicable late charges of $100 to date as provided in your lease agreement, plus a service fee of $25 for the total due in rent plus applicable charges through the date of this notice of $1,363.99 if this amount is not paid by today, late charges will continue to accrue at $5 per day until the entire balance referenced above is paid in full. I don't understand what's going on, my check for the $1057 agreed, plus taxes and regular fees was paid on the first of the month and cashed within 2 days. Are they telling me they did not cash my check, or are they telling me that it is the incorrect amount because in their records they might see a different amount? I don't understand, my biggest concern is that I signed the lease from last year, which originally was their mistake not mine! What am I supposed to do? Thank you in advance. At the end of the day, there is no agreement signed on my end or theirs for the new rental offer they had originally made for the 2018 year. Since they mistakenly printed the 2017 agreement and had me sign it!

[AZ Manager]

For starters it was both your and their mistake. You both came to an agreement on term and price and you signed an old agreement knowing it was wrong. Because of the mistaken dates on the lease it is void entirely, has expired before it was even signed, and you can be charged the month to month rate that was given to you on the renewal notice. I'd suggest you go into the office without pointing fingers and get it worked out before they evict you. The courts here aren't kind to you so be smart and just get it figured out, they SHOULD wave those late fees but who knows.

[Tukee18]

Thank you so much for your response. I will do that. But, if they already cashed my check for $1152.52 (water and sewer included), worse case scenario, an I supposed to pay the difference of $211.47 only? Why are they asking the whole $13p63.98 if they already cashed one amount?

[wase4711]

how would anyone on a random internet forum know why your apartment management company did something?

go there and talk to them, and you will get your answer..

[goolsbyjazz]

Yeah, I would go talk to them...in a calm manner to get the situation straight. Good luck and hopefully you csn get it resolved.

[fluffythewondercat]

Originally Posted by wase4711

how would anyone on a random internet forum know why your apartment management company did something?.

What, you don't put your laptop to your turban-wearing forehead, Carnak-style, and divine the answer?

That's what the rest of us do...

[wase4711]

well, if I had a laptop OR a turban, maybe I would try that..

[rbwpi]

How about spending a few dollars to speak to an attorney specializing in landlord tenant matters, rather than getting advice here. The fact that you have involved an attorney, may make the other party more reasonable in their demands.

[john3232]

Originally Posted by Tukee18

Last year in 2017, my rental agreement before any taxes was $1,057. At the end of the year I went to renew my agreement which was supposed to be about $50 more. I never realized that the first page where the dollar amount and Leasing period are, there was a mistake. Looks like they printed the same agreement from last year which shows the period of January 1st 2017 two December 31st 2017, and it also shows the same amount of $1,057. The rest of the leasing agreement, contains my initials and the date of December 27th 2017 along with the leasing office person which also put his initials in the same date. Turns out, today I received a letter that says that's I am in default under the agreement through non-payment of rent! This letter say sus of February 1st 2018 rent for the position of the above-referenced promises was in arrears in the amount of $1,238.99 plus the applicable late charges of $100 to date as provided in your lease agreement, plus a service fee of $25 for the total due in rent plus applicable charges through the date of this notice of $1,363.99 if this amount is not paid by today, late charges will continue to accrue at $5 per day until the entire balance referenced above is paid in full. I don't understand what's going on, my check for the $1057 agreed, plus taxes and regular fees was paid on the first of the month and cashed within 2 days. Are they telling me they did not cash my check, or are they telling me that it is the incorrect amount because in their records they might see a different amount? I don't understand, my biggest concern is that I signed the lease from last year, which originally was their mistake not mine! What am I supposed to do? Thank you in advance. At the end of the day, there is no agreement signed on my end or theirs for the new rental offer they had originally made for the 2018 year. Since they mistakenly printed the 2017 agreement and had me sign it!

Nobody had you sign anything and when you realized their mistake you did nothing. As was mentioned go to the PM office and explain the situation in a polite and calm manner.

PM companies often feed off late fees so I wouldn't expect them to wave any money. The PM usually know the law and how far they can go.

Granted your job isn't to catch PM mistakes. However, my guess is you weren't planning to tell them the contract was wrong as long as the $1057 rent continued to be accepted.

Bottom line: I doubt the money involved will cover legal fees but you can find free legal counseling in the Valley. The next question is it worth the time/effort given the amount. Remember the PM doesn't give a damn about anything except keeping as much as they can collect and court costs are often billed to the owner.

[JGMotorsport64]

A few things here. You have a mutual mistake of fact and arguably an estoppel issue in your favor. Moreover, because this is a contract dispute you can get Attorney’s fees should you pursue that route.

That said, talk to them first. If they don’t cooperate, get a letter drafted by an attorney. They will give it to their attorney and it will be resolved accordingly.