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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife and I signed a 1 year lease, then requested a 6 month

Customer Question

My wife and I signed a 1 year lease, then requested a 6 month extension, and were granted that. The property manager wrote the wrong dates on the extension, my wife and I didn't notice the mistake and signed the 6 month extension. They short changed us by 2 months, so we pointed out the mistake, they admitted to making the mistake and said they would contact the owner of the house and inform her of the situation.
They must have run into a problem with the owner, and now they are trying to tell us that they are going to go by the wrong dates, the problem is my wife and I are building a new home that won't be ready for 4 months.

We have copies of the 1 year lease, 6 month extension and copies of emails, requesting and receiving the 6 month extension and admitting to their mistake on the dates of the extension lease.

What can we do to fight this?

We tried to work with the leasing manager and emailed the owner of the management company, he has not returned my email.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

If the contract contained a mutual mistake by both parties, it can and should be amended to reflect the intentions of the parties.

 

If the owner is not willing to do this voluntarily, you'll have to file suit to have the contract conform to the intentions of the parties.

Customer: replied 4 years ago.
Do I file suit against the property management company or the owner of the house and how and where do I file suit.
Expert:  Roger replied 4 years ago.
You sue them both in the small claims court for the county where the property is.
Roger, Attorney
Category: Legal
Satisfied Customers: 27220
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 10 other Legal Specialists are ready to help you
Expert:  Roger replied 4 years ago.

Please let me know if you have any additional questions. I saw your comment and I want to make sure you got what you were after.

 

Some answers are short because the answer is not a complicated one. However, if I missed something, or you have another issue, let me know.

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Roger
Roger
Litigation Attorney
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters