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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Landlord recined lease offer after agreed Upon Only on the

Customer Question

Landlord recined lease offer after agreed Upon
Only on the fact they don't like me
And the put the notice on my door dated prior to when I got offer ?
Submitted: 28 days ago.
Category: Real Estate Law
Expert:  Bill Attorney replied 28 days ago.

This is attorney Bill looking into your legal question today.

Was your agreement in writing or a verbal agreement.

What reason did he give for cancellation ?

What was the lease period term ?

What was the agreement in relation to the security deposit and cancellation ?

Attorney Bill

Customer: replied 28 days ago.
No reason given and was an original 12 months lease up for renew, was all in email
Renew notice received Nov 1st called office twice no answer so I sent email agreeing and asking about an ad for my same unit but cheaper I saw, then got a notice on my door Nov 5th at 9 pm when I got home that day, dated Nov 3 but I had been emailing and none of this was said or brought up just that new prices would be brought up notice wise to my door in regard to lease terms , and that's not what I got , she dated the letter with an easier date then when it was, the remind offer notice was dated the 3rd and put on my door the 5 th while I wasn't home and renew offer was accepted and emailed at 8pm via smart phone email I asked if 18 months was avlb when I sent email that agreed to rent renew. The landlord has stated they just don't like me my husband says it's just a bitch thing and the landlord wants to be the bigger bitch but we have never had any complaints or reasons to not renew hell we pay in full by the 15 th for the following month so why are we having our lease offer recinded
Expert:  Lucy, Esq. replied 28 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Your landlord cannot change the terms of a renewal lease after it's agreed to. That's the purpose of a lease - you're both bound by what it says for the agreed term. Any new terms and conditions imposed on November 5 are completely invalid because that's not part of the agreement you made. Terms agreed to in a lease via email should be enforceable, because email is a writing.

However, when you said that you agreed but asked about a different apartment - that doesn't create a new lease. The same is true if you say that you accept the renewal but want an 18 month lease. The acceptance of an offer must be a mirror image of the original terms. Saying, "I agree to this, but I want to live in this cheaper apartment" or "I agree but want to pay less" is actually a rejection of the renewal lease the landlord offered and an offer to create a new lease with different terms. Your landlord was free to reject that offer and propose their own new terms. From what you're saying here, no agreement was ever reached on the renewal.

An offer can be rescinded at any time before acceptance. If you and your landlord were emailing back and forth about the specific terms, the landlord actually does have a right to change their mind and take back the offer to renew. What that means is, in order to be allowed to stay, you'll need to be able to produce emails that show a contract was formed before your landlord tried to change the terms. If you can find that, any local tenant's rights organization may be able to help, or you could have a local attorney send a letter to the landlord on your behalf. But you need that offer and acceptance with the exact same terms first.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 27 days ago.

Did you have any other questions about this?

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