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Tenant rights/Clerical errors on signed lease in Oakland CA Modifying a Lease

Discussion in 'Rental Agreements & Subleases' started by stevenjw, May 17, 2014.

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  1. stevenjw

    stevenjw Law Topic Starter New Member

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    Thanks so much for any help in advance!


    I moved into this apartment on Jan 1. The land lord gave me and my roommate a new lease (my roommate has been here for over a year). The new lease was "supposed" to raise the rent from $1400 to $1428 (ie 2%), but the land lord accidentally wrote in $1328 and signed it/sent it to us. We signed it in turn and sent it back to him. No where did it mention that it was supposed to be $1428 or 2%. To be fair it most likely was a clerical error. Now in April he comes back realizing his error and wants to us to sign a new lease and pay the back amounts that were less than the $1428 amount (~$400). Are we legally bound to anything or is he screwed? Do we have to pay the back amount? What should happen here?? Thanks for the help.

    Note: I don't want to pay the back amount but I'm not opposed to a raise to $1428. I do want to be in on good terms. But I also want to know my rights.

    Thanks,
    Steven
     
  2. army judge

    army judge Super Moderator

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    It's time to negotiate and offer your compromise.
    You want something, give something.
    You're only $500-600 apart with the mistake.
    Ask the LL about splitting the difference.
    Offer $300 to continue those good terms you desire.
    Don't use someone's mistake to get away with a losy $600.

    Heck, I'd settle up, (pay him all the money i should have paid) and watch how quickly your relationship gets that much better.

    Always do the right thing. ADTRT
     
  3. pnutpen

    pnutpen New Member

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    I can't afford rent and need to move out, but the landlord doubled the rent and security on me saying I have to pay 2400$ instead of 1600. Can he do that?
     
  4. army judge

    army judge Super Moderator

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    Yes, he can do that.
    You can refuse, or you can pay.
    You refuse, he'll ask you to leave.
    You refuse to leave, he'll evict you.

    You pay, you say.

    The choice is yours.

    Please don't necro (reprise) old threads.
     

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