Legal Question in Landlord & Tenant Law in Washington

Mistake of fact

I agreed to rent an apartment in a large house for $500.00 per month. After agreeing, but before signing a lease, the landlord called and told me that he had made a mistake, the actual rent was $750.00 Told him that I wasn't interested in the place for that price, thank you very much, have a nice day and I'll go elsewhere. He is now saying that because he pulled his ad from the paper, turned other people away etc, I MUST rent from him, and do it at the higher price, otherwise he will take me to court to force me to rent the place. My understanding from an old business law class is that a mistake of fact ie the rent, renders the contract voidable by either party and because all we had was a verbal agreement, his threat to sue is just so much smoke. At this point, I'm not going to rent from this guy no matter what, and I have already told him to sue and be damned, now I am curious so I'm fact checking. Are my conclusions correct? About the mistake of fact, and about the agreement being voidable by either party?


Asked on 7/04/05, 1:51 am

2 Answers from Attorneys
Julia Youngs J. A. Youngs, PLLC

Re: Mistake of fact

Actually, the general rule is that contracts formed based on a unilateral mistake are enforceable...but under the original terms. Under these facts, if you wanted to pursue this you could probably make him rent it to you for the original $500! (HOWEVER: if the lease were over 1 year, it would need to have been written, state the price, and signed by the lessor to be enforceable.)

Cheers,

Julia

(425) 284-4458

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Answered on 7/04/05, 7:19 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Mistake of fact

Well, I'd analyse it this way: The landlord is going to have a tough time proving breach of contract without a writing. Tough as in absolutely impossible. He can't demonstrate that there was an agreement - a meeting of the minds as it were. You haven't performed - moved in - and you haven't paid him anything. Its not so much that the contract is void as it is that there is no agreement. No agreement, nothing for a court to enforce.

Sure, he can sue you. I'll be happy to defend you if he does!

Good thing the guy showed his true colors before you moved in. Based on the information and the fact pattern you provided, I'd say you are fine - except now you have to find another new place to live. Good luck - Powell

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Answered on 7/04/05, 8:39 am


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