My roommate and I have been living in a 4bed apt for 2 months and will be transferring to a 2 bed in Aug. When we first moved in the management gave us a 2bed lease to sign, blank, and said that they would fill in the info when they assigned us the apt. We recently found out that when we signed the lease they jacked up the price and have now lowered it for all of the people signing leases now. This upset us a little and our management refuses to let us sign a new lease with the new price, even though we haven't even moved into that apartment yet. We were never given a copy of our 2 bedroom lease so we asked for one and when we got it we saw that our apartment number and bedroom had been scratched out and changed, without our initials next to it. They also wrote down a price different from what they had quoted us. Is any of this grounds to void the lease? All we really want is to be able to sign a lease with the current prices, since we will be paying $70/mo more than everyone else.
2007-07-21 04:07:41 · 8 answers · asked by britt86 1 in Business & Finance ➔ Renting & Real Estate
If you signed it, and the price hasn't been scratched out, the changing on apartments wouldn't void the whole lease. I'm sorry that you are paying more, but you agreed to it, don't try and screw the landlord because you don't want to meet your obligations.
We alter prices for several reasons, from length of lease, to flight risk, to credit history, some apartments even have more SF and cost more, so not everyone always pays the same amount for the same number of bedrooms.
2007-07-21 04:11:52 · answer #1 · answered by ? 5 · 0⤊ 1⤋
Unfortunately you signed a blank lease without getting a copy. The apt number being scratched out will make little difference for most judges. As for the amount that you are paying being higher than others in the complex you sill have to deal with it since you already signed up at that price.
It may sound like the management is being unfair but they are probably just doing what they are told so try not to take it personal. Good luck on future leases and remember to always get a copy of what you sign. It could save you a lot of headache.
2007-07-21 04:27:58 · answer #2 · answered by Richard Stephens 2 · 0⤊ 0⤋
I only know this through experience. Everybody's situation is different so I will tell you what I think. If you have any doubts you should contact an attorney. Here goes.........I have been told that a landlord can raise a person's rent once a yr. They do not have to have your permission. How can you sign a blank lease? When you signed the lease you knew how much you would be paying. I guess a lease is good for 1 yr. If they scratched out your old apt. no. that's understandable. If they scratched out your current one where you will be staying then to me that sounds like they are saying the apt. does not exist. That's weird. When you signed the contract they raised your rent. You cannot as far as I know make them lower your rent. I have never heard of landlord's lowering the rent. Something sounds screwy about your apt. complex. I would contact an attorney and move away from there.
2007-07-21 04:27:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The lease should not be void, from what you state. If they changed the price AFTER you signed it then you have a claim there, but not enough to invalidate the entire contract. It sounds like you signed after the change was made. The initials at the scratch out simply indicate who made the change, nothing else.
Your complaint about the change in price is not valid legally, as you would not be moaning if there had been a price increase in which you were immune to.
And, you are not paying more then "everyone else", just new leases, not the existing ones.
2007-07-21 05:29:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In contract there are two issues regarding your question. One is what makes a contract void which means it never existed the second one is what makes a contract voidable which means it existed but can be made to terminate.
If your allegations are correct the new contract created by the landlord does not exist because it does not have your approval and because your actions were premised on verbal promises not reflected on the agreement.
On the other hand there is the practical aspect of you wanting to stay at the new unit. Therefore I would have a meeting with the landlord and create a binding agreement between you that reflects what your original understanding was.
Best of luck to you
2007-07-21 04:20:42 · answer #5 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
technically if the terms of the lease which were orignally agreed upon were changed without both parties consent than it is null and void. bc if aprice or date was scribbled out te other party must initil next to it. esp since u have no paid any moneyor picked up the keys. they should draw up a new lease and have everyone resign and if dont agreed to that then don't sign. the contract is null and void since they altered it without both sides consent.
2007-07-21 04:45:41 · answer #6 · answered by spadezgurl22 6 · 0⤊ 0⤋
Yes, you should never have signed a blank lease without verifying. And what ever they told you, if it was verbal, it may be difficult for you to prove that they breached the promise. If you have some witnesses, you can challenge them in court.
2007-07-21 04:13:23 · answer #7 · answered by Swamy 7 · 0⤊ 0⤋
Simply put, no it does not void the lease.
2007-07-21 04:38:48 · answer #8 · answered by Paul E 1 · 0⤊ 0⤋