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My original lease was up 2/28/12. My original rent was $849.
Here's the story:
I received a lease renewal and letter dated 1/11/12 stating that if we renewed the lease by 02/15/12, the rent would be locked in at a monthly rate of $430. The new rate would take affect for the new lease term "starting 3/1/12 and ending 2/28/12". It read that it functioned as a rider on the existing lease.
I signed copied and returned the document on 1/14/12. (The LL's signature was not on it.) I never received anything back. I've paid the new amount on 3/1/12 and have since.
My next correspondence with our rental company was in may. I received a notice to evict on 5/9/12. When I called they told me the renewal was a mistake and should have read "bi-monthly rental rate" and I should start paying accordingly effective immediately.
That's almost three months time that they could have communicated this but didn't. The letter and document were drafted AND processed by their office. If there was an error they had ample time to communicate that.
The language used in the letter was no different than what was in our original lease.
Is there a law that makes this illegal? I want to fight it without a lawyer and a point of reference would be AMAZING. I found some laws that say since they drafted it, it's assumed they agreed to it so long as they don't dispute within 30 days. I think it was UCC law. Is this applicable?
I live in NH by the way.
Thanks to anyone willing to reply!
Last edited by caseyfay; 05-15-2012 at 05:37 PM..
Reason: typo
This is not normal landlord tenant issue as it one of those things that crosses to contract law. What your state says in contract law and how your stste courts interpret it is a major part and I would strongly suggest you seek competent legal advice from someone famiiar with your state's landlord tenant laws and your state's contract laws, along with how your courts have ruled on this issue.
In my opinion you don't have much of a leg to stand on legally. Obviously the renewal letter was written in error, plus it wasn't finalized since the lessor never signed it. They're apparently not demanding that you pay the outstanding balance but demanding that in future you pay the amount which was intended. I suggest that if you want to continue living there you sit down with them and ask for an amended lease renewal. Since the renewal contract wasn't completed they could probably prevail in court for the balance due by arguing that you automatically went on a month to month, so consider it fortunate that it seems they're acknowledging their error and that you've benefited financially from it.
I do not see how the renewal amount could be called an obvious error. It was not obvious to anyone but the landlord. The rental company is not on strong footing for taking 3-5 months to react to their error. The problem for you OP is that in terms of a contract, you probably did not have one since you and the rental company never had a meeting of the minds. At best, the rental company could argue that you were on a month to month for $439 and that they've chosen to terminate that month to month arrangement. While this would probably be the rental company's most successul position it would also place them in a postion of having to comply with your state's law with regard to notice of termination of the agreement. In that instance, the mechanism probably should have been whatever termination procedures your original agreement set forth, NOT a notice to evict.
Both of the previous posters are correct- you need to decide if you want to continue living there and you should probably seek competent legal advice. My advice is neither legal nor competent.
No, I just dont think the "obvious" conclusion was that there was an error.
There could have been any number of reasons for the change- a rent promotion, building occupancies are low, other reasons to provide an incentive. Perhaps OP could have done some due diligence to account to learn the basis for the price drop. Odd, maybe. Too good to be true- possibly. But "obvious"- no, especially when they did not respond to the returned renewal documents and cashed the OP's checks without comment for 2 months.
Last edited by NewinScal; 05-16-2012 at 11:45 AM..
Oh please. A 50% rent reduction? I'm guessing you've never been a landlord and I find it hard to believe that a 50% reduction in rent wouldn't hit you straight in the eye and get your immediate attention - and that you'd know it was an error. Even the tenant knew it was an error but went along with it in the hopes that it wouldn't be caught up on. Of course the rental company screwed up by not catching the error for over two months and obviously their whole system needs a major shake-up. But if you don't think it was an obvious error then so be it.
LOL... a 50% rent reduction. You knew it was an error.
Of course he did but I guess it was worth a try to see how long it would take them to figure it out and it sounds as if he got at least two months for the price of one because of their sloppiness!
There are statutes that cover errors in most instances.
Now, in my opinion... if you could demonstrate the same "Mistake" repeatedly occurs... it might change things.
From what was said... you have been served notice.
The next logical step if you disagree is to present your case before the judge.
Any legal advice will have to come from a lawyer and not the forum.
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