Legal Question in Business Law in Washington
Rental Agreements
I signed a rental agreement upon moving in to a single family dwelling, my husband signed it too. We thought we had lost the agreement so we asked the landlord to send us another copy. We noticed that on the copy she sent to us that she had added on to it refering to the late charge payments. We mentioned that this was not the contract that we signed and she said yes it is. We knew she was wrong but had no proof. Well we found the original. She was wrong. The place sold so we have to move also. We knew if they were that desperate over 25 dollars that we knew we would not get the 500 dollar deposit back. Since the contract had been altered we subtracted our 500 dollars from the rent and sent the remainder to them. Also, we are not worried about the conditioner of the home, we have done nothing but improve the place. There are so many improvements they are to numerous to mention. The neighbors have even commented about the outside of the place and that is just the outside. We are going to take pictures when we leave to be on the safe side. My question is the contract null and void once she altered it? We have the proof now. Did we have the right to take back our five hundred dollars?
Thank you for your time.
1 Answer from Attorneys
Re: Rental Agreements
Your agreement is not necessarily null and void in its entirety. Contracts that are revised or modified unilaterally are not void, but may be voidable, depending upon the facts. Generally, a contract would be void or voidable only if a material term of the contract is altered or modified. A late payment penalty would not generally be considered a material term. The fact that you have already withheld your security deposit from your last month's rent may be inviting trouble. If you made improvements to the landlord's property without an agreement to receive credit for them, those improvements will be deemed voluntary expenditures on your part. If your soon-to-be former landlord finds anything wrong with the property after you move out, then they will be sending you a bill. I strongly suggest that you attend and be in person at the moveout walk through inspection with the landlord so that you can challenge any items of damage and/or lack of cleaning that may be asserted by your landlord. Otherwise, you will have to take the landlord's word for what he supposedly found dirty or broken. Ordinary wearand tear cannot be claimed as damage or unclean condition. You would be well advised to have either a still camera or even a video camera with you also. You may not need it but the very fact that you have it hanging from your neck may be enough to intimidate the landlord. Good luck and let me know via email how you did on this situation.
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