Legal Question in Real Estate Law in Florida
Landlord & tenant revised rental agreement
After a year of paying $525 rent my new lease was signed by all parties stating that my rent was now $425. Following month I paid that amount and my check was cashed. Landlord sent a letter to me a week later informing me that they made an error on the lease and my rent was to remain at $525. They sent me a new revised lease with the new amount and are demanding that I sign it. I was informed that they would forfit the extra $100 for the month of Oct. if I signed the new lease. Is this legal or do I have a legal binding contract with the lease that was signed by all parties stating that the rent is $425 being that they cashed my $425 check before informing me of an error on their behalf? If I don't sign the revised lease can I get evicted for not signing? What would my chances be in court?
2 Answers from Attorneys
Edited Reply re Revised Rental Lease
[Corrections in brackets] Mr. Reder said: The general rule is that the written lease is binding. There is an exception however if there was a mutual mistake. If both of you had intended the rent to be[$525] and neither of you caught the mistake, a court could rule that $525 was supposed to be the rent. If it was a unilateral mistake on the other side's part, the general rule is that is tough luck. Again, however, there is an exception to that rule and that is if you realized there was a mistake and knew the landlord intended to rent for $525, then you should have pointed that out before signing. If you can establish there was no [mistake], then you {do} have a lease, and the landlord cannot terminate your tenance by providing a written 15 day notice[otherwise if there was a mistake, you don't have a lease and your occupancy can be terminated with proper notice to you.] No one can predict how a judge would rule.
Re: Landlord & tenant revised rental agreement
The general rule is that the written lease is
binding. There is an exception however if there
was a mutual mistake. If both of you had intended
the rent to be $425 and neither of you caught the
mistake, a court could rule that $525 was supposed
to be the rent. If it was a unilateral mistake on
the other side's part, the general rule is that is
tough luck. Again, however, there is an exception
to that rule and that is if you realized there was
a mistake and knew the landlord intended to rent
for $525, then you should have pointed that out
before signing. If you can establish there was
no agreement, then you do not have a lease, and
the landlord cannot terminate your tenance by
providing a written 15 day notice. No one can
predict how a judge would rule.
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