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Michael Bradley
Michael Bradley,
Category: Landlord-Tenant
Satisfied Customers: 1066
Experience:  Owner at The Protection Group LLC
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Inquired about advertised property for rent for 1075, was

Customer Question

inquired about advertised property for rent for 1075, was told that was a misprint, visited prop manager-put a deposit down received welcome letter for 1262 week later received lease signed lease for 1075 manager wants us to pay 1262 off unsigned welcome letter now giving demand for rent or 3 days to get out
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: colorado and its not employment its real estate
JA: Has anything been filed or reported?
Customer: no,
JA: Anything else you want the lawyer to know before I connect you?
Customer: which is the binding amount to go by and what can I do?
Submitted: 3 months ago.
Category: Landlord-Tenant
Customer: replied 3 months ago.
Problem: Lease Signed with one rental amount and different amount on Welcome Letter
“$1075 vs $1262
We inquired about a 2br/2bth apartment renting for $1075 via Rentcafe.com because they boast 100%policy as stated on their website:
“100% Verified Listings: The Safest Way to SearchWith RENTCafé you never need to worry about falling for online scams.
We work with the top property management companies in the country to deliver the safest apartment search experience on the web: apartment listings come directly from property managers, pricing and availability are updated daily, and your information is immediately delivered to the property.”
We received a reply from the property representative, “Gina” on May 22nd informing us that the inquiry via Rentcafe could not be honored because it was a misprint. (this property had been on Rentcafe’s site for at least a week) We replied with Rentcafe’s policy on their website and asked if we needed to take this up with Rentcafe or them. We never heard anything back. On June 3rd we inquired with the property manager “Colby”, about securing one of the 2br/2bth apartments that were available. She gave us a Welcome Letter which broke down the monthly prorated rent as follows
We rent from them currently and needed to reduce our monthly rent by at least $200-$300. We were currently paying $1415 for the same apartment. We gave her another $800 security deposit for this apartment and were told the security deposit from old apartment was going to transfer to our new apartment. We received a Welcome Letter with rent amounts, prorated rent, and utility transfer fee
Welcome letter
Rent $1220+$18+$13+$10=$1262
Prorated rent @$1220=$611 (should be $528.67)
Prorated water @$18/mo=$9.50 (should be $18/30 days=.60 a day*13=$7.80)
Prorated sewer @$13/mo=$6.50 (should be $13/30 days=.43 a day*13=$5.63)
Prorated trash @$10/mo=$5.00 (should be $10/30 days=.33 a day*13=$4.33)
$528.67+$7.80+$5.63+$4.33=$546.43
$546.43+$25.00 (utility transfer fee)=$571.43 (This should be what is due for June’s rent)
When I questioned the math, she said she has to go by the formula that’s in the computer.
Lease arrived on June 13th; it was drawn up with the $1075 rental amount. The water, sewer and trash included in that price and electric being our responsibility. We signed it, thinking, they must be honoring the Rentcafe advertised price. On the 26th of June I contacted Colby to let her know I just received the deposit check in the mail, although we were expecting to receive $755 about how much rent was going to be since she said the remainder of our deposit from first apartment was to be applied to our new place.. she stated it was $12xx, I asked how come and she said the deposit has not been applied and I told her that was one of the reasons I was calling because I received the deposit check for $663.60, much less than the $45
Customer: replied 3 months ago.
Ive paid the prorated amount stated on the lease and also the rental amount stated on lease, but there's a difference of 350.66 and I received the demand for rent in 3 days or possession paper taped to my door as a result.
Customer: replied 3 months ago.
how do I fight this and what procedures do I take?
Expert:  Michael Bradley replied 3 months ago.
Is the lease with the lower amount signed by both parties?
Customer: replied 3 months ago.
the lease is with the lower amount signed by both parties
Expert:  Michael Bradley replied 3 months ago.

then the rent can not be increased unless pursuant to the lease terms. Your lease is signed by both parties so it is an enforceable contract. The only way the lease can be increased is pursuant to the terms of the lease itself. There has to be some language inside regarding how the rent can be increased. It probably also gives you the right to terminate the lease if they tried to increase the rent which is your ultimate goal. The fact that they had outside paperwork which showed a different rental amount is not relevant. All that matters is what is stated in the lease itself.