Legal Question in Landlord & Tenant Law in California

My landlord lowered my $2000 rent to $1000 last November '08. Last week I received duplicate notices that my rent would go up to $1800 starting "october 1, 2010" and that if I couldn't meet that expectation, I was to notify them immediately so they could advertise for this space (retail/residential).

I responded in handwriting that I would do my best to meet their request). I didn't mention the date.

Because of the (to me) obvious typo (2010) I'm not sure what to do. One of the letters was signed. Please advise.


Asked on 9/21/09, 1:16 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You are not allowed to take advantage of clear typo errors. A contract is a meeting of the minds in which all sides have agreed to all of the significant terms. If you try to argue that the rent increase is not for another year, and since that is a term that obviously goes to the heart of the contract, then there is no binding contract and the landlord can give you a 30 day notice to vacate. The newspaper ads often have a misprint [a brand new car for $240.00] and the courts rule iln favor of the merchant because no reasonable person could believe that was the intended price.

Also, you need to consder the practical consequences. I assume you are not in a rent control city. Your landlord lowered your rent; you then try to use a clear typo to try to forestall the rent increase [still below the original rent] for another year. If I were the landlord, I would send you a letter rescinding the two prior ones as clearly being incorrect as to effective date, send you a new notice raising the rent in November to at least $1,800, and glve you a thirty day notice to vacate [what willl be the next trick you will try to pull].

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Answered on 9/21/09, 2:28 pm


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