Signed lease for apt. Was not given a copy. Now being told I'm not paying the right amount on my rent. Help!

Question

Signed lease in Oct. Now, February, I'm being told that I've been paying the wrong amount on rent.....when the office manager told me this. I told her: well, I was not given a copy of the lease when I signed it in front of her....she just laughed it off and said she'd let me know how much more I owe! Can I call her on it and break the lease, allowing me to move..or do I have other alternatives?

Answer 1

The fact that they laughed at you, didn't immediatly furnish you a copy of the lease and take some time to go over it says a lot. The fact that after you signed it they didn't go "this is for you" and made sure you left with it, as most people insist on it Any of these buy itself could be oversight but together...... something is up.

And think about this, months have gone buy and they have suddenly said you owe more? I don't think this is legal and a judge would realize that something is up regardless. Do they send you a bill? If not ask for a billing statement.

First you need a copy. While there ask to see a blank new renters lease packet. Usually there are multiple copies and ask to see these other copies and ask where they are sent to. Often an apartment complex has a parent company and a copy is sent elsewhere. While the top white copy could be changed the pink or yellow one would be impossible to change.

You could contact the office managers boss as well.Question, did you have some one with you when you signed? They could be a witness in court. Either way take someone with you when you visit this time.

Get online and check with the Better Business Bureara and see if they have had past complaints. Plus each county usually has a dept. that deals with this sort of thing as well. If the apartments advertise in the paper and such see what price they are advertising....... if it's lower than what you are paying you can take legal issue. Most companies would at least meet you halfway to avoid issues..... especially if they are crooked. The laughing thing would make me good and mad!

If all of the copies match you may be out of luck but with some of these other things you may have some recourse. But first you have to gather some information and repost. I'm curious so if you do some of these things send me a link to your new question if you feel like it. You know you could, once you have the ifo just say "go ahead sue me" and see what is up. Whatever you do, write down who you talk to, when, what was said and what time. This will show that you made an effort to resolve this and would help your case.

And another thing, if it turns out they screwed up........ you want a free month for your time and effort...... otherwise you will sue them.

Good luck!

Answer 2

Keep paying the amount you have been paying.

Suppose there is no signed lease. What would be the best evidence of how much the rent should have been? What you were paying and they were accepting.

Now, if they want to claim the rent should have been a different amount, the burden of proof is on them. How can they prove the correct rent amount sufficiently to overcome the evidence above? A signed lease. So unless they come forward with that, you're paying the correct amount.

Let them threaten to sue. In order to do that, they would first need to send you a demand letter and wait 30 days. During that time, you would send them back a letter telling them the entire matter could be settled if they provided you with the lease. If the matter goes to court and the judge agrees that the matter only wound up in court because they withheld the lease, you might still win or, at the very least, get your attorney fees covered.

Good luck.

Answer 3

Have her make you a copy of the lease. You should have this for your records. Then go over the lease to see what amount it says you pay in rent each month. Whatever amount is on the lease is what you pay.

However, if you were told one amount when you agreed to take the apartment and they then changed the amount on your lease (basically expecting you not to notice) this could be false advertising and fraud.

You could take it to the local Housing Authority or similar agency.

Answer 4

In order for her to prove you owe her money, she must show you the original lease w/ your signature. If she does not have this then you can move forward on it. Keep notes on all incidents between you and her, it is good in case you have to go to court. But 1st rule, she should have given you a copy of that leavse on the signing date of the lease, so it seems she aint the best to rent from.

Answer 5

Go to office and look on door is there not a sticker on front window or door saying Example..Houston Apartment Association? Or HAA? Or TAA (Texas Apartment Association) Most offices have one and also they have to give you Corp.Office number or mgmt. company information. Write a letter to the Apartment Assoc. and corp.office they are under and tell them the problem. They in turn will have you tell them everything and they fax your problem to office . The apartment Bus. hates these letters from Apartment assoc. because they have so many days to reply by law or ELSE!! Then they have to fax to them and to Owners or mgmt. company a copy of the application you filled out also and in the back they should have filled out everything you were being offered and on advertisement you got when you saw the move-in offer most companies will hightlight offer in yellow marker. Look for anything that has proof of the amount you were supposed to pay.Some offers are tricky such as if you see an offer that says $200.00 off rent or 2 months off rent or free rent look out there is a catch. If non experienced leasing agent goofed on price you are being charged fight this. Good luck!

Answer 6

If she has your signature on an original lease showing the amount she is claiming the rent is, you are stuck.

Let this be a leason to never, NEVER sign a contract of any type and not get a copy for your records. Don't leave without it!

Answer 7

I would definately get an attorney. That owner sounds shady and I'd run from there. But learn from your mistakes.... ANYTHING you sign you need to get a copy b/c if you don't, they can alter the contract and put stuff in it you didn't originally agree to... but since you don't have a copy you can't prove it.