Legal Question in Landlord & Tenant Law in California

discrepancy in contract

I have a rental contract with my landlord and there is a major discrepancy between the numerical and writen portion of the rent amount. I would like to know my rights in regard to this issue.


Asked on 10/06/06, 10:31 pm

2 Answers from Attorneys

Nick Migliaccio Law Office of Nick Migliaccio

Re: discrepancy in contract

Residential or commercial lease? Generally, unless you are able to resolve discrepancy informally, chances are that landlord will file unlawful detainer action or other suit to evict you or collect unpaid rent. Since contract ambigous, court will allow evidence from outside the "four corners" of the contract to see what the parties actually intended. That means rent paid, if accepted, what other units go for in building/area, and so on. Landlord may also seek to invalidate contract arguing that it was made based on mistake.

Good luck.

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Answered on 10/07/06, 10:09 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: discrepancy in contract

If the landlord already has accepted payments from you, then that most likely is the rent. What you negotiated should be in the lease agreement, and you should prepare and execute an amendment to the lease to clarify that issue.

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Answered on 10/06/06, 11:25 pm


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