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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Entered into lease extension, prior email conversation stated

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Entered into lease extension, prior email conversation stated they were only able to give another 5 months extension due to the time the extension was being made. We agreed, but when they sent the extension we failed to notice they extended the lease by 16 months because of a typo of the year. It should have read 2015 and instead read 2016. We did not notice and signed the document which was a made up form by the management company. We noticed when the time came that the lease should have been up to which we thought we were locked in due to us signing. Is this something we can get out of since we have the email conversation stating these facts? Also, we have never been late and have never had a bounced check with them. However, they are notifying future rental properties we have applied for with a negative review stating they would never rent to us again because we had "citations" which were not citations, they were warnings to not have our wheels parking on the grass at all, trash that the garbage man didn't pick up (they took a picture on the day trash came), and that we needed to move our trash cans from public view. None of which had ever been addressed prior and we immediately corrected the issues. I feel they are ruining my chance of finding other housing. What course of action do I have?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 6 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. You can sue to void the contract based on "mistake". It is a valid defense to a contract. In addition, in the same lawsuit you can sue them for slander/libel or for an injunction to prevent them from telling untruths to potential future "landlords". As you can imagine this would be a complicated lawsuit and you definitely want to seriously consider hiring an attorney and not try to handle this yourself. The steps to an injunction are:1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.3) A hearing on the TRO is set.4) The TRO and notice of Hearing is served on the defendant.5) The defendant should immediately begin following the judge's orders.6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.9) Discovery is conducted by both sides.10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:1) An immediate need,2) Which, if not granted, will result in irreparable harm,3) With no adequate remedy at law, and4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

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