Real Estate Law
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What is their explanation about why they haven't cashed the check?
Or have you not talked to them yet?
And you have a signed copy of the lease, correct?
Is the $100 concession/special a one time deal or is it a monthly reduction?
Ok, it sounds to me as though they signed a lease with you and gave you a discount on the rent that they may not have intended to do. But if both you and the landlord signed the lease, it is legally binding and you can hold them to it and have no legal duty to agree to amend or change the lease.
But they shouldn't cash your check until the rent is due anyway.. They are likely trying to call you to say they applied the $100 by mistake and to try and convince you to come in and sign a new lease..
Can they evict me though if I refuse to sign a new lease? They could also put an eviction notice on my door, right since really I should be paying more instead of less, isn't that the case?
No, you have a valid and binding lease. The fact that they for some reason gave you a discount wouldn't negate your lease.
I mean, if you want to pay more and sign a new lease, then you are free to do so. But I think you can hold them to the existing one.
Now if you discussed it with them and you agreed on a certain price before you signed, and this is just a clerical mistake that was made when you got there to sign, then yes, they can redo the lease because this is not what both parties agreed to and is simply a mistake..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
Ok, then that puts it into a grey area, but if they told you that it goes up $11 and the math doesn't work out...then this might just be a math mistake that they could legally correct under the legal doctrine of "mistake" that says if a written contract doesn't accurately reflect the agreement due to a clerical or mathematical mistake, then it can be corrected and the parties get back together to execute the corrected document.
But I would probably make them beg a little and see if they might give you some other incentive to re-sign..
But if they can void this lease due to their error is my concern. I believe it is binding but you're stating they can go back on it since they made a mathematical mistake, then I have no choice, right?
Unfortunately, correct. Under the legal doctrine of "mistake" that I went over earlier... If there was not a "meeting of the minds" about what the agreed on amounts were, or there was and it was written down incorrectly, then either party could get out of the contract.
So if you had been in a hurry and signed one for $100 over what you agreed on with them, then you could void the contract as well...