lease says one amount and landlord charges another?

Question

I signed the lease papers but there's no signature from the landlord's side. the paper says i'm to pay $685 but the letter I received says $814

Answer 1

"If the landlord didn't sign the lease, it's an unexecuted document, basically a worthless piece of paper."

Not true at all.

The landlord is the originator of the document. It is valid without his signature. The document is only presented to the tenant for signature signaling acceptance of the offered terms and conditions. The landlords consent and intent is presumed since they are the originator of the document.

Answer 2

If the landlord didn't sign the lease, it's an unexecuted document, basically a worthless piece of paper. On the other hand, how do you know that you have the only copy of the lease? The landlord may have a fully executed lease (signed by both parties) that you don't even know about.

If there is a fully executed lease (signed by both parties, if it exists then most likely it's in the landlord's possession) it's a binding legal contract. Unless the lease contains an escalation clause (read, read, read), sometimes called an automatic step increase, or the term of the lease has expired, the provisions of the lease, including the rate of rent, may not be unilaterally changed by the landlord during the lease term without your written consent.

If the lease is not fully executed (remember the landlord may have a fully executed copy that you may not know about), then you have a month-to-month tenancy because the landlord knows you live in his property and has been accepting rent. In that case, the rent amount can be changed, usually with 30 days advance written notice, although the rules for this vary from state to state.

The person who said "consult a lawyer" was on the right track. You may be able to obtain free legal advice from a pro-tenant organization as well. In a tenant-vs-landlord case, the courts usually give the tenant the benefit of any doubt unless the landlord can prove otherwise.

Answer 3

There must be a clause in the lease for increased rental and the terms under which it may be accomplished. If this is not followed, you do not have to pay the new amount until a new lease is signed. The lease is a legal contract, regardless of whether or not the landlord signed.

Answer 4

You are bound to whatever you signed. You need to read the lease again. The landlord is most likely correct and you missed a lease escalation clause.

If after reading it and not understanding, do directly to the landlord for an explanation. If it does not make sense or appear appropriate, hire a lawyer.

Answer 5

You pay what the lease you signed says you pay. Period. However, the landlord has to also sign the agreement. It can be considered false advertising or similar to get you to sign one thing that says $600, but then they say it is $800. He has a point and so do you. You may need to work it out legally.

Answer 6

The landlord is not required to sign the lease. Since he didn't sign, he is not bound, but you are, because you did sign. Still, he can't hold you to more than you agreed to pay. Ask him to check his copy. Possibly the letter is a mistake. There's just too much of a discrepancy.

Answer 7

You should read the lease. Is there some extra charge you are supposed to pay? Read the lease then call the landlord to discuss.

Answer 8

A landlord rather can value an application value, and can value distinctive tenants distinctive quantities- it is not your situation nonetheless. Your roommate isn't renewing the hire. Assuming he provide ideal be conscious of his purpose to vacate, there is not any longer something extra the owner needs to document for. The settlement in basic terms terminates and no longer exists. the recent hire, with you and your proposed new roommate, would be a sparkling hire- no longer a renewal. Your roommate would be required to word and be qualified. If he had to require you the comparable, he would desire to, yet at that pointed you would be able to as properly tell him to screw off. attorney and submitting expenditures are a load of BS.

Answer 9

whoa nelly, who prepared the lease? The landlord? Were they there when you signed it? Why didn't they?
Who did you get "the letter" from and what is the letter?

Answer 10

$685 could be your base rental rate and if he is including other charges e.g. utilities etc, your total rental rate maybe $814.......what does your lease say abouth other charges not covered by base rent??????