Legal Question in Real Estate Law in Georgia

I was a resident of an apartment complex 3 months ago. I had signed an 18 month lease agreement to live there but about 6 months my husband and I decided to purchase a home instead of renting. Upon giving our complex our notice to vacate our apartment manager gave me a total for what she thought we would owe to move out. This was one on her accounting calculator and the calculator tape was attached to my notice to vacate conrtract. We had paid our rent to her 6 months in advance and she said we should get back about 500 dollars back after fees and concssion charges were taken out of our account balance. Recently we received a bill from the complex for 400 dollars. After calling the apartment manager she said she must have left a fee out of her calculation but that she charged you the appropriate lease break fees as stated in our leasing agreement.my question is if the calculation she gave us would be considered a binding agreement since it was an attachment to our notice to vacate agreement and if we are required to pay them the money for their mistake.


Asked on 1/07/11, 11:32 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Almost certainly the lease contains language that will prohibit a change in terms without a signed writing from both parties. So unless you and they signed the calculator tape and said that amended the lease, the calculator tape is likely meaningless.

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Answered on 1/12/11, 12:22 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Noticably missing is the most important detail, what the lease says you owe, and how their mistake has led you to be asked to pay more than that. Otherwise, you are paying what you owe under the lease and not paying them for their mistake.

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Answered on 1/12/11, 12:41 pm


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