Legal Question in Real Estate Law in Florida
Changes to rental lease after move-in
I signed a rental lease for an apartment in FL the original lease was a month to month. I moved in and the apartment they gave us had no phone service. So they gave us another apt in the same building but it was a larger unit, so the agent at the time said the rent would be $100 more and I agreed.I Never signed a new lease. After a few months the complex changed managment companies. I had to move out due to relocation. SO I Went to desk at asked what kind of notice they would need, and the lady replied 30 days and a letter stating why you are leaving.The new managment is now stating we never contacted them before moving out and that we owe them $3400 for breaking the lease. I told them I was month to month and they said the lease does not reflect that.
I ask for them to fax the lease to me and it was completly different and on the last page is the signature we used for the first lease. The lease they faxed me is dated 11/5 and the signature page was signed 9/27 by my wife? This lease also stated our rent was $1050 I was paying $1150. Can I sue them for using signature from an old lease and applying it to a new lease which I never had any knowledge of.
3 Answers from Attorneys
Re: Changes to rental lease after move-in
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
It is illegal for them to change the lease agreement without your approval. No unilateral changes are valid.
If the landlord sues you, you have a great defense. You will need to have a copy of the original lease that you signed to show the Court and prove the games that the landlord is playing.
I strongly suggest that you meet with a qualified real estate attorney to review the specifics of your situation.
Scott R. Jay, Esq., 305-249-8000
Re: Changes to rental lease after move-in
This was improper and can be contested if the case goes to Court. Hope you sent the termination notice by certified mail, return receipt requested. The dating differentials between lease date and signature date will help you prove your claim. Have copies of your letter and the original lease if you have to go to court. Contact a local attorney familiar with real estate and leases to assist you. You may even have a claim for fraud.
Re: Changes to rental lease after move-in
You cannot sue them. If they sue you ,you may use the fraud as a defense. Good luck.
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