Legal Question in Landlord & Tenant Law in California
Change in Lease
I signed a lease 3 months ago & the management company has cashed my rent check each month. Now, they've told me they made a mistake in my monthly rental amount. They want to increase my monthly rent amount & told me they can do this because the ''owner'' didn't sign the lease. Can they do this to me?
2 Answers from Attorneys
Re: Change in Lease
Almost undoubtedly not. The management company is an agent of the owner and certainly has the authority to bind the owner. Otherwise, the owner could escape obligations on any agreement that the management company signed. The management company's argument is legally invalid.
Of course, this presumes that you didn't realize the "mistake" at the time that you signed the lease. If you knew of the mistake, then the management company may have a decent argument that there was no meeting of the minds, and hence, no agreement. This is something that would have to be argued in court, probably at the eviction hearing. But you shouldn't let things get that far.
At this point, assuming that you were not aware of the "mistake" when you signed the lease, tell the management company that you expect them -- and the owner -- to honor the lease. And keep paying the amount set forth in the lease.
Good luck.
***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***
Re: Change in Lease
No, a management company is an agent of the owner and any contracts the agent signs on behalf of the owner are legally enforceable, especially if you did not know nor had reason to know that any mistake was made on the amount or terms of the lease. You may want to strongly consider having an attorney send the managment and/or owner a powerful legal letter fully asserting your rights herein so you are not "harassed" further. For such affordable legal assistance, contact us directly today for a free phone consultation.