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Contract question...

Old 05-24-05, 12:10 PM
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Contract question...

Ok, I recently renewed my apartment lease for 6 months during the time that my house is being built.

My previous lease expired on May 31, 2005. Well, in the contract I signed there apparently was a mistake and the new lease was to start on June 1, 2005 but they had it listed as May 1, 2005. It is a six month lease, and that extra month would make it 7 months rather than the six I agreed upon.

While I wouldn't normally complain, there is about a price difference of a $50 increase that I have to pay with my new contract. They sent me a slip stating that I had a balance due of that amount.

So, my question is, which amount am I legally obligated to pay? I think it was a good faith error on both myself and the rental place, but I'd like to have some contract advice if they want me to pay the extra $50.
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Old 05-24-05, 12:22 PM
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They should be willing to have your new lease begin on 6/1/05 rather than 5/1/05. Technically, your prior lease is still binding and the new one you signed has not commenced yet.
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Old 05-24-05, 01:45 PM
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It's been a while since I studied contact law, but I believe that the new agreement can legally take the place of the old agreement. Therefore, the rental place can stick you for the extra $50.

I don't imagine that the rental place would have any problem correcting the error, though, especially if you've been a good tennant.
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Old 05-24-05, 02:14 PM
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Originally Posted by gilbertr76
It's been a while since I studied contact law, but I believe that the new agreement can legally take the place of the old agreement. Therefore, the rental place can stick you for the extra $50.

I don't imagine that the rental place would have any problem correcting the error, though, especially if you've been a good tennant.
You'd probably need to check the provisions in both contracts about renewal and mutual termination, etc. I'm not a lawyer or anything, but I am pretty sure that the original contract will have a clause that says it can be cancelled in the event that both parties mutually agree and/or be governed by a renewal contract that both parties sign.

The new contract probably won't have language to apply to previous contracts, but if the contract is not representative in principle to what you agreed upon, i'm not sure it would hold up (if it went to court).
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Old 05-24-05, 02:17 PM
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Originally Posted by pedagogue
You'd probably need to check the provisions in both contracts about renewal and mutual termination, etc. I'm not a lawyer or anything, but I am pretty sure that the original contract will have a clause that says it can be cancelled in the event that both parties mutually agree and/or be governed by a renewal contract that both parties sign.

The new contract probably won't have language to apply to previous contracts, but if the contract is not representative in principle to what you agreed upon, i'm not sure it would hold up (if it went to court).
Yeah, i think you need to check for a clause stating that a new lease can take the place of an old one. If this is absent, I am pretty sure you can't sign a contract for a prior obligation, i.e. paying rent for the month of May.
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Old 05-24-05, 02:48 PM
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Well, problem solved. They realized the mistake and I'm going to go in and initial the change on the new contract to June 1, 2005 and not pay the $50.
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Old 05-24-05, 04:12 PM
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See how easy that was?
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