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LandLord provided and signed making binding lease with $0.00 rent per month

Discussion in 'Rental Agreements & Subleases' started by mlongwell1970, Sep 28, 2018.

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  1. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    My Landlord had me and my GF resign a lease on 7/3/18. The woman in the office showed us each page and asked us to sign . We signed and management also signed the lease. Two days later the manager sent me a copy of our signed lease stating it was the new lease going forward. At the time I didn’t pay any attention to the rent amount on the lease so I filed it away. My girlfriend did see the rent amount on the lease showed $0.00 lease payment due from 11/17/17 through 3/19/19. I am running late on my September lease payment and my land lord has filed a dispossession claim with the magistrate court seeking eviction due to unpaid rent. I pulled out my lease and realized the document states $0.00 due for the entire lease period and my GF commented that she didn’t know I had paid rent for July and August because our lease stated $0.00 due for the entire lease period. My question is: Can I enter the current binding lease signed on 7/3 into evidence at my dispossession hearing and counter sue for refund of all rent I’ve paid since 11/17/17 through August 2018 and not be charged rent from Sept 2018 through March 19. 2019 . The date the lease ends. The landlord has been very quick to. Push me out of my home of nearly 4 years when they have given other tenants in the complex well over 30 days to pay without eviction filings.

    I want to know if I can enforce the lease stating $0.00 due from 7/17/17 through 3/19/19 to get the land lord to refund all lease payment made up to sept of this year and also stay in the lease through its expiration on 3/19/19 with $0.00 rent per month?
     
  2. army judge

    army judge Super Moderator

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    Yes, you can attempt to use the lease as your evidence.

    Will it work?

    You won't know until you have done it.

    If you go for the entire leasehold, your claim will fail for lack of consideration.

    However, as stated above, you never know until you've done it.

    On rare occasions, luck suddenly rewards you.
     
  3. adjusterjack

    adjusterjack Super Moderator

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  4. zddoodah

    zddoodah Well-Known Member

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    Please don't use funky fonts/colors.

    I can't imagine you can't enter the lease as an exhibit. Whether you still have time to file a counterclaim isn't apparent, but the "$0.00" reference on the lease was an obvious typo, so you'll lose any counterclaim. The court will reform the lease to reflect what the agreed price was (which is presumably the amount you paid for July and August).

    Doesn't matter unless the landlord is treating you differently because of something like your race, ethnicity, gender, religion, etc.

    Huh? There's no "lack of consideration" issue here.
     
  5. army judge

    army judge Super Moderator

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    CONSIDERATION: is a vital element in the law of contracts,
    consideration is a benefit which must be bargained for between the parties and is the essential reason for a party entering into a contract.

    The lack of consideration isn't focusing on any rent you may have paid, rather it applies to your allusion to using the oversight (or typo) of "$0.00" prospectively NOT retroactively.

    It is a futile ploy, if used.

    The judge will likely interpret the amount from $0.00 (on the lease) to DOLLAR amount you've paid, or are alleged to owe.
     
  6. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    Thank you for your response, It makes more sense now that you've explained the court will view the document as an error only and not something the landlord should have made sure was correct and so not really a binding agreement even though in my business I am held to honor the accuracy of the documents and written agreements exactly as they are prepared. If a mistake exists, I have to eat it.
     
  7. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    Thank you for your response, it makes sense now. I am not allowed to make even the smallest of errors on the documents I prepare and deliver to my customers. Errors are always given to my clients because there is zero tolerance for error. I suppose landlords are given much more consideration than say, Mortgage Companies are.
     
  8. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    Thanks for clarifying landlords are allowed to make these types of mistakes and still profit from them.
     
  9. army judge

    army judge Super Moderator

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    The issue has nothing to do whether the seller is selling rocks, llamas, automobiles, Rolex watches, or renting apartments.

    The issue is one of contract law.

    A lease is nothing more than a contract, as is a loan for a mortgage.

    In your case you are allowed to live in an apartment owned by the landlord.
    In order to stay in that apartment, you pay the landlord XXX dollars monthly.
    That is valid consideration, which creates a valid contract.

    Landlords, as are all those purveying goods under contract, are treated equally.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Yeah, right.

    Landlords just live to screw tenants. Snort.

    Meantime, you're the one stiffing the landlord on his rent. You're the bad guy, not the landlord.
     
  11. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    Here is a response I received from an attorney I did in fact pay for the advise.

    Generally, if a party comes to an agreement, then the parties are bound to an agreement. The landlord in this case may defend themselves on two grounds. The first is going to be mistake. A mistake will be a defense to a breach of contract if the other party knew or reasonably should have known of the mistake. In this case, it is likely that you wouldn't know or reasonably should have known of this mistake. You can also say that they drafted this contract and they must be held to account for their mistake. They would also defend themselves on the grounds of unjust enrichment. This occurs when one party is unjustly enriched. The court may decline to give you reimbursement because it's improbable that you would be able to stay for free; however, you can make the argument that this is what the landlord agreed to so they should be held to account on those grounds. Thus, the answer is yes; you can attempt to enforce the $0 lease.
     
  12. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    You're sort of a finger pointing type, you don't know my situation and you don't know my intention is to hold the landlord out to dry. I can tell you this though, they did in fact agree to the lease and its contents when they signed it and then confirmed it with me verbally, in writing and again in email. So if you think I'm the bad guy then so be it. I suppose you would be OK with a Dr. sawing off your leg instead of taking that wart off your nose. LOL
     
  13. mlongwell1970

    mlongwell1970 Law Topic Starter New Member

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    I see so amending a contract with an error is OK as long as the landlord gets his rent. Snort!!!
     
  14. army judge

    army judge Super Moderator

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    I'm happy we have been able to sort this out to your complete satisfaction.

    As you'll soon be living rent free, what blessing indeed.

    Thread closed......................................................
     

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