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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I moved into a new place on 9/24 and the promotion offered

Resolved Question:

I moved into a new place on 9/24 and the promotion offered was 2 weeks free, no deposit necessary on my apartment. I paid the prorated amount that the leasing agent said was due on 9/23 and moved in on 9/24. On 10/28 I received a statement in the mail saying I owe an additional $800 for rent that I wasn't charged for (the remainder of October) but it didn't make sense to me. When I moved in, the leasing agent said the amount I paid covered September and October and I wouldn't have to pay again until November. She admitted on 10/28 that she made a mistake and did the math incorrectly. I have in writing an email that proves that I owed nothing according to her calculations and was paid in full up until November. But, the lease does prove that I should've been charged an additional fee (the $800 extra I was billed for). Can the leasing people legally ask for the money they failed to initially charge me? Or does the email that I have prove that in essence, we entered into a "reliance" contract and I don't owe anything since it's their accounting error? Any assistance is greatly appreciated. Thank you.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you sign a contract with the complex?

What does the lease state about the charges you would pay and when it would start?

Does the lease conform to what your documentation says about paying in full?
Customer: replied 8 months ago.

1) Yes, a contract was signed (lease)


2) The lease states the concessions given for the rent promotion, excerpt from lease below:


      
  
 

     
  1,635.20

 
  !       



 09/24/2013


 09/23/2014   
 ""    
Concessions
Period Concession
9 2013
10 2013
817.60
817.60
The concession addendum will be null and void if the terms of the above lease are not fulfilled. If this lease agreement is
terminated prior to the expiration date stated in the lease agreement, the prorated concession must be reimbursed to
the Community based on the number of months left until the lease expires. You will receive the concession for any full
month in which you paid rent. If you received a monthly concession, the concession addendum will be null and void if
the terms of the lease are not fulfilled. A concession reimbursement however, is not applicable since the concession
value will not be used during the remaining months of the lease.


 


excerpt from the email noting the september-october rent due:


Congratulations you were approved! The next step is for you and Jessica to electronically sign your lease. Please open the link and follow the instructions to submit an e-signature. Prior to us handing over keys I will need you to do the following:

1. Pay your move in cost that covers the month of October as well as the remaining days of September. I've already deducted the 14 days rent from the total costs. You may pay this online at www.avalonaccess.com or with certifiable funds only. Attached is an invoice with the breakdown of charges.
excerpt from breakdown of charges document attached to above email:


Summary of Charges


Rent: $ 3,504.00 Parking # [XX] n/a


Pet Rent: n/a Other: government license $ 3.61


Total Monthly Rent: $ 3,507.61


Prorated Rent For: 9/23-10-1 $ 0.84 Refundable Pet Deposit: n/a


Rent for Month of: October $ 1,873.25 14 days rent concession $ 1,635.20


Refundable Security Deposit: n/a Total move-in Charges: $ 1,933.25


Non-Refundable Application Fee(s): $ 60.00 Acknowledgement of Funds Received: $ 60.00


Fee for obtaining and processing screening By Money Order/ Cashiers Check # [XXXX]


Total Due at Move-in: $ 1,873.25


Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

What you are obligated to pay is only what is specified in your lease.

If they can prove an accounting error or human error in calculation, they can fall back on the provisions of the lease that say what you owed upon move in and acceptance of the contract. You have a right to argue that you paid in full according to the receipt you have been given, but their legal counter is you paid in full the erroneous calculation and the lease still mandates what you have to pay. Thus, if you were to sue them over this the court is going to have to fall back to the lease I am sorry to say and that means you are going to end up paying the amount specified in the lease.


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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 8 months ago.

I forgot to mention that on 9/23 a leasing agent said via phone conversation that 9/23-10/1 was waived, and that all that was due was the amount of rent for 2 weeks in october. The email breakdown of charges reflects that as well. Of course, the leasing agent denies it now, but the document shows it. Does this still have no bearing?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your update.

You can seek to argue that you have your confirmation and breakdown, but if they prove this was human error, they could overcome that email because of what is in the contract.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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