primitives discuss apartment leasing

[franksolich]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8795042

Oh my.

w8liftinglady  (1000+ posts)        Thu Jul-22-10 01:35 PM
Original message
 
OK-any DU attornies or legal experts-My mom is being screwed on her lease

...any recomendations on who to contact would be appreciateed.

signed lease apr 10 effective through mar 31 for X dollars.it was 50.00 less than mom's previous lease-she confirmed with office that it was correct,and signed.

Office 4 montha later is saying that mother owes back lease funds for signed lease,and will go up 50.00 month for next 3 months...implying my mom is trying to rip them off.My mom has no idea who to turn to.Is it legal to challenge a lease amount after it has been signed/accepted because the staff may have made a mistake?This is an over-55 apartment complex with HUD/medicaid support for many clients(not my mom).Who can my mom turn to?She has tried contacting the corporate headquarters,with no response,the legal Aid,with no response.Off the record,renter's Rights stated that a lease is a binding contract.

Mom just wants to get it fixed.Would an attorney be helpful?Is it worth taking one on,or can I do something myself.Any suggestions are appreciated.

joeybee12  (1000+ posts)      Thu Jul-22-10 01:39 PM
Response to Original message
 
1. Please clarify...the lease says X amount which your mother has been paying, correct?

And they say that amount was a mistake, and they want her to back pay, correct?

Tell your mother to tell them to phuck off.

Seriously, if both parties signed the lease and your mother specifically asked if the amount was correct, they are totally in the wrong.

That said, try to get her tomcontact legal Aid again and have someone contact those bozos on her behalf and tell them to knock it off.

w8liftinglady  (1000+ posts)        Thu Jul-22-10 01:42 PM
Response to Reply #1
 
4. yes..in writing..I have reviewed it.-thank you.

Warpy  (1000+ posts)        Thu Jul-22-10 02:02 PM
THE DEFROCKED WARPED PRIMITIVE, #19 TOP PRIMITIVE OF 2009
Response to Reply #1

9. She can retain a lawyer for a pretty nominal amount of cash and get him to write them one letter. That usually gets people like that to back off permanently. Next year, she will likely have to pay the original rent plus the $50.00 break she got this year, so have her put the money in a savings account to cover that. She'll be that fabulous 1% richer at the end of the year.

However, there is nothing they can do to her this year. If they try to get nasty and skip unit repairs, she can call in the city building inspector and raise all sorts of hell.

zipplewrath  (1000+ posts)      Thu Jul-22-10 01:44 PM
Response to Original message
 
5. $200

It shouldn't be too hard to find a lawyer to handle this for as little as $200. It might take some leg work (or phone work) but to a great degree it sounds like a stern letter needs to be written. It will get alot more expensive if they choose to challenge the lease.

Romulox  (1000+ posts)        Fri Jul-23-10 11:35 AM
Response to Original message
 
12. Leases are binding contracts. Generally unilateral mistake is no defense to contract

Mutual mistake is a defense to contract. So the argument is, "you may have made a mistake, but it's your problem" versus "we both knew that price was wrong!".

Sounds like a case of of the first type ("unilateral mistake, no defense to contract.) In other words, the apartment complex is obligated to honor the contract. My concern for your mom, even knowing that the lease is on her side, is what happens when it's time to renew? This may be a situation where "splitting the difference" with the complex to keep the peace might be a good idea. Just a thought.

NeedleCast (1000+ posts)      Fri Jul-23-10 11:35 AM
Response to Original message
 
13. Looks Like You've Gotten Good Advice Here

I'll just kick in to add I had a similar problem a few years ago with my landlord for a house I was renting. After signing my 2nd year lease she called a month later to tell me she had "forgotten" to raise my rate 5%, or roughly 50 dollars a month. I said sorry, we have a signed legal document showing the dates and amount to be paid per month. Because she is a nice lady and good landlord, I told her I'd split the difference with her and agree to a 25$ rate increase after six months if she'd let me go month to month after that with no upward rate changes for another year and she agreed.

Bottom line here is that it sounds like your moms has a signed contract in place and the complex is just trying to intimidate her.

[Randy]

Gee DUmmie this is a tough one. Bottom line is, does Mom want to move next year or not? They will get their money one way or the other if she stays. Rent will be up $100 a month next year. If she wants to move then by all means fight it to the death. Then save that $50 a month towards the moving costs.