I signed a lease and the landlord says he made a typo and the rent is $1650 not $650. I told him I can't afford it but he's being a jerk?
My last apartment was in a small town and was $700/mo. This apartment is in the city and he says I should have known the rate was wrong, but how could I have known? It is smaller than my last place so the rent seemed fair. I've never lived in the city.
I moved in this month. I told him I could move out if he wants but he insists I must pay an extra thousand dollars for this month and for next month and then if I move out, every month until he gets someone else to rent it.
I didn't and never would sign a lease for that much because I can't afford it.
Can I hold him to the lease or at least pay the amount the lease says for november and december and then terminate without having to pay for months after?
- ibu guruLv 78 months ago
If the apartment was advertised at $650/month, and/or if the lease says $650/month, he MUST rent it to you for $650/month or he can be charged for false advertising, fraud. Tell him the lease is a legal document, it says $650/month (also mention ad if advertised at $650/month), and you will pay $650/month in accordance with the lease or report him to your state's Attorney General, Office of Consumer Protection for prosecution.
- HockeyLv 68 months ago
It is a written contract with both your signatures on it. So it stands.
- 8 months ago
If you signed a lease, the monthly amount is clearly written. Whatever that amount was, that YOU and the landlord signed, that is what you are obligated to pay. A lease is a contract. You were one of the parties. If you signed a lease promising to pay 1650, then you have to pay $1,650. IF, ON THE OTHER HAND, your lease says that you should be paying $650, then that is what you should be paying. The landlord signed that lease as well. He must comply with the agreement that he signed. That is why things are WRITTEN DOWN, so there are no misunderstandings. What you or he thought before you signed the lease is irrelevant. The point is that it says whatever amount that it says ON PAPER. Yes, you can hold him to the lease amount for the ENTIRE lease, although he will undoubtedly make things difficult for you.
- 8 months ago
How unfortunate. I hope you have a record of the advertisement. If so you should have no problem getting out of the lease without any penalties. And you may be entitled to damages if you have to move out due to his error in advertising and the contract it self. I would recommend going to a real estate attorney for a consultation immediately. Take all your evidence and communication records. Don't sign anything your landlord brings you.
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- Anonymous8 months ago
Just curious because he said she said does not matter with a written lease but did neither of you ever verbally discuss the dollar amount of the rent on the unit? Was it only on the lease you signed?
Do you know any other tenants you can ask about their rent amount?
Are the apartments advertised anywhere with a rent amount? These are all pieces of evidence that can be used against this LL or just the reverse used against you in a legal typo battle before a Judge.
- RichardLv 68 months ago
Do NOT pay the extra, since you didn't sign a lease agreement for that, and retain a lawyer!!
- curtisports2Lv 78 months ago
Here's what you do. First, you make sure your copy of the lease shows the rent you say you agreed to pay. Then you write him a letter, immediately, keep a copy and send the original by certified mail with proof of delivery. The letter says that you understand that he may have made a typographical error, but that error does not legally bind you tp pay him a penny more than what is stated in the agreement you signed. He can agree to release you from the agreement with no penalty to you, and for the time you are actually living there, you will pay the rent stated in the agreement. Or, he can try to evict you for failing to pay the 'corrected' rent and have a judge tell him he has to live with his mistake. Do this NOW.
You will be offering him an easy fix to the problem he created, and you should start looking now for another place. Whatever you do, do NOT pay him any extra money or it can destroy your case.
Then see how he reacts to your letter. If he's smart, he will say that it was his mistake and that as long as you are out by the end of the year - it is not reasonable in any judge's eyes to expect you to find a new place by the end of this month - you will pay him the $650 per month and the remainder of the lease will be voided. But make sure THAT agreement is in writing. If he's stupid and wants to go to court, his mistake will be an expensive one for him. When you show evidence that you are new to town and show evidence of what you were paying previously, his argument that you should have known the rent was a thousand dollars a month more will go nowhere.
- JudyLv 78 months ago
If he takes this to court, and for 12,000 difference he probably will, it could go either way. Even if a contract has been signed, a judge can allow correction of an obvious typo. It sounds very unlikely that you didn't even ask him what the rent was before you got to the point of signing the lease, and the judge will very likely think so too.
- BrianLv 78 months ago
If you have a copy of your lease (and you should), then that's the landlord's problem.
- MarkLv 68 months ago
Yes (not a lawyer disclaimer) the written lease is binding. But, I am curious: Did you not discuss the rent before signing? Did you find it in an ad? If find it curious that you would be handed a lease to sign and there never was discussion before hand.