Legal Question in Real Estate Law in California
Is my rental lease agreement still legally valid if they made mistakes while filling it out?
me and my fiance moved into new apartments on July 18th 2010. we payed all that they told us to pay and moved in. no problems... now a month later we get a letter on our door from the manager... saying we owe money because they made mistakes on calculating the rent.
so we went down to the office and went over the lease together... first off some of the forms stated 17th as move in and others stated 18th. also the numbers were way off.
EXAMPLE: contract stated we owed $718.33 on move in but they asked us to pay $773.33 (and we payed it) now the letter they sent is stating that we owe $46.00 more (but there is no due date) we have already payed $55.00 more then stated and now they want more...
so did they already break the contract? by making mistakes and asking us to pay more?? we all signed the contract... im so confused
so do we have to pay the difference?
if we have to pay the difference when is it due by? (it has no due date)
is the lease agreement still legally binding?
do we have to start a new one?
PLEASE HELP!!!!
2 Answers from Attorneys
The lease is still legally binding as the mistakes do not go to the heart of the contract and can easily be fixed. Since they prepaed the lease and told you what you had to pay, they are stuck with the mistakes and should reimburse you all the additional money you have paid. You reasonably relied on what they told you and they have to live up to the leae terms. You do not have to strat a new lease agreement.
I agree. Nothing you've mentioned would make the lease invalid. If there are mistakes and uncertainties, they should be interpreted and resolved in favor of whichever party did not make them; here, the tenants.
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