Legal Question in Real Estate Law in California
I just signed a lease paid the money did the walk thru took the keys and the leasing office called me about 20 minutes later saying they made a mistake on the unit. We will switch to another unit or raise you rent to the market rate. I told them mgmt needed to contact me because she is not offering anything and that is the apt I saw and wanted at the price I signed for. Please advise do I have recourse?
3 Answers from Attorneys
If you signed a written lease, they are bound by that written lease. If they breach the lease, you have a cause of action for them for breach of contract. If the lease has an attorney's fees clause, you have an even better case. Don't let them push you around because they got a higher offer after you signed!
Mr. Roach is correct, unless you knew or should have known that they were making a mistake at the time you signed the lease. Also, even if you have the right to hold them to the lease, you can count on them doing everything to take it out on you, and as soon as the lease is up, you can count on them refusing to renew it unless you pay way higher rent; or maybe they'll just refuse to renew. Also you can count on them looking for any excuse to evict you; so you better not be a minute late on your monthly rent or commit any other breach of the lease, no matter how small. So it's an enjoy it while you can situation at best.
I agree with the sum total of the previous answers, and would add that there is a possibility that no mistake was made at all; that this was a deliberate bait-and-switch attempt of some kind. A small possibility, perhaps, but nevertheless a possibility.
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