Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : If your written lease provides the $551 discount, then you have the right to enforce that - - especially if the complex prepared the document.
Kirk Adams : I understand that you don't have an executed copy of the lease signed by their representative, BUT you would have a right to demand a copy of their file to view the lease in the file.
They say since it has no initials from former managers the lease is not good.
Kirk Adams : If the new owner assumed all of the leases that were in place, then the terms of the old lease would apply going forward.
even if the lease was not initialed
Kirk Adams : If the previous manager/s prepared the lease and put the $551 in the lease, and you signed it, then you have a right to demand that they comply with the lease. Hopefully, there's a fully executed lease in their file that could be used to solidify your position.
Kirk Adams : Just because the amount isn't initialed doesn't make it illegal.....
Kirk Adams : IF the mamagement drafted the lease that you signed, and the manager typed in/wrote in the amount, then you have a right to rely on that.
Kirk Adams : The biggest issue is that the new landlord knows it's probably not worth filing suit to enforce the lease provision for $251.
Kirk Adams : It'll likely cost you more than that to file a small claims suit. Customer:
So basically not much I can do?
Kirk Adams : Well, you have a right to rely on the lease - - if it is signed by the management, but just not initialed on the discount, then you have a very solid claim.
Kirk Adams : If your lease isn't signed or initialed, then you still have a right to rely on the document and it would be up to the landlord to prove that the contract you have isn't the one you've been renting under.
Kirk Adams : Along those lines, if you were to sue and raise the issue, it would be the landlord's burden to prove that you weren't entitled to the discount listed on the lease you were given.
Kirk Adams : They would need to produce some type of proof to show that what you have isn't the lease that was in place - - I doubt they can do that.
Kirk Adams : So, you can do something, but it may not be worth your time or money since you're only fighting over a few hundred dollars.
Thank You Very Much.I Appreciate your advice.