Extension, Renewal Renewal discount confirmed only in email

[Vasyl Gvozdov]

Jurisdiction

New York

hi,

I received a renewal offer from my landlord (large NYC company with numerous upscale buildings) - in the email they offer 2 months free if we sign before date X but the lease agreement has no mention of the offer. it is all managed electronically via DocuSign

we asked for an agreement with the discount included but they said that we will have to sign the lease as is while the email will serve as a guarantee of the offer.

this sounds sketchy, I don't understand why would they not just make it a part of the offer. do you think it is safe to agree to their conditions?

thank you
Vasyl

 

[Zigner]

hi,

I received a renewal offer from my landlord (large NYC company with numerous upscale buildings) - in the email they offer 2 months free if we sign before date X but the lease agreement has no mention of the offer. it is all managed electronically via DocuSign

we asked for an agreement with the discount included but they said that we will have to sign the lease as is while the email will serve as a guarantee of the offer.

this sounds sketchy, I don't understand why would they not just make it a part of the offer. do you think it is safe to agree to their conditions?

thank you
Vasyl

I wouldn't trust only an email.

 

[mightymoose]

The email you received, so long as it clearly indicates the parties involved, can serve as a contract. It isn't any different than if it had come in the mail.
If you have the ability when signing electronically to indicate "per email agreement" that would certainly help to show your intent.
The old days of needing everything on paper are passed. An email is fine.

 

[Zigner]

The email you received, so long as it clearly indicates the parties involved, can serve as a contract. It isn't any different than if it had come in the mail.
If you have the ability when signing electronically to indicate "per email agreement" that would certainly help to show your intent.
The old days of needing everything on paper are passed. An email is fine.

I disagree. The contract that the OP is signing almost definitely has language stating that it is the final contract and that any prior negotiations shall not be binding (or something to that effect). I would be surprised if it didn't.

 

[zddoodah]

do you think it is safe to agree to their conditions?

Safe? It's certainly not unsafe.

If you want to know whether the email would be enforceable if the landlord refuses to honor it, you'll have to have a local attorney review it. No one here can opine intelligently about the impact of a document we haven't seen.

 

[adjusterjack]

in the email they offer 2 months free

Is that all it says? Does it say which two months are free? The first two? The last two? Somewhere in between.

I disagree. The contract that the OP is signing almost definitely has language stating that it is the final contract and that any prior negotiations shall not be binding (or something to that effect). I would be surprised if it didn't.

So would I.

Well, Vasyl, have you read the contract thoroughly and carefully to see if it has that provision?

I don't understand why would they not just make it a part of the offer.

Because it's all computerized and they want everybody to march to the same drummer.

do you think it is safe to agree to their conditions?

No. If it was me I would print out that contract and go pay a visit to the management office, be prepared to sign it there if you get an amendment written to the contract.

 

[Vasyl Gvozdov]

thank you all, I will review the contract (50 pages..) to see if there is anything that can help them avoid honoring their promises.

we did ask about the actual months - they said that the last two months will be free.

 

[adjusterjack]

I will review the contract (50 pages..)

50 pages? Yikes. When I had my rentals I had a one page lease, in big print, figuring nobody would read more than that.

It was basically this:

"You rent my house, you pay on time, you take care of the place, you mess up and I squash you like a bug."

 

[mightymoose]

Holy smokes.... I wouldn't even attempt to read a lease that long. I would go elsewhere.

 

[Vasyl Gvozdov]

I disagree. The contract that the OP is signing almost definitely has language stating that it is the final contract and that any prior negotiations shall not be binding (or something to that effect). I would be surprised if it didn't.

thanks a lot for your help!

here's the only statement remotely resembling the one you mentioned. it does not say anything about the "prior agreements not being binding" but it says "No document shall be binding upon Owner, Agent or an Affiliate unless and until it has been signed and delivered (electronically or otherwise) by Owner, Agent or such Affiliate, as the case may be."...

1.2 Once a document is electronically signed and delivered by me, such document shall be deemed an original document and, when fully signed, shall be binding on me with the same force and effect as a paper document with handwritten signatures. No document shall be binding upon Owner, Agent or an Affiliate unless and until it has been signed and delivered (electronically or otherwise) by Owner, Agent or such Affiliate, as the case may be.

 

[Zigner]

thanks a lot for your help!

here's the only statement remotely resembling the one you mentioned. it does not say anything about the "prior agreements not being binding" but it says "No document shall be binding upon Owner, Agent or an Affiliate unless and until it has been signed and delivered (electronically or otherwise) by Owner, Agent or such Affiliate, as the case may be."...

1.2 Once a document is electronically signed and delivered by me, such document shall be deemed an original document and, when fully signed, shall be binding on me with the same force and effect as a paper document with handwritten signatures. No document shall be binding upon Owner, Agent or an Affiliate unless and until it has been signed and delivered (electronically or otherwise) by Owner, Agent or such Affiliate, as the case may be.

Exactly. Can you tell me where your email was "... signed and delivered (electronically or otherwise) by Owner, Agent or such Affiliate ..."?