Problems with landlord (new lease)

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rancidnsx_IHB

New member
Looking for some guidance...



I signed a new lease on a place that was advertised on craigslist for $1125. Landlord is out of state so this is all via email. The lease comes for me to sign, with a lower rate $1050 and incorrect lease dates. I told the landlord to check the rate and dates for accuracy, he does, and resends the lease with the lower rate still. I sign and PDF the lease and send via email, he acknowledges receipt and says he sent me a copy back signed via postal mail (never received it). He however acknowledges receipt of 1st month rent, security deposit, and 1 days rent for prior month all at rate provided in lease. 1 week passes and landlord wants me to sign a new lease via email for higher rate, I ignore the email.



Another week passes (today) and landlord wants to meet and have me sign a new lease. I politely refuse, stating that I have a signed lease already. I called Fair Housing, and they say as long as I have the lease I am fine, but furthermore they can't help since this is a conctractual issue. He is saying that I will either sign or have to move. His argument is that I don't have a signed lease from him. What do you think I should do? I am not going to sign anything as it is right now.
 
[quote author="CalGal" date=1226560293]Has he cashed any of your checks?</blockquote>


They were via wires...he acknowledged receipt of both wires (sec dep and 1st month rent)
 
Have you gotten keys or moved in yet?



There are so many scams on Craiglist regarding rentals and check cashing. ESPECIALLY with landlords/tenants that are out of state/country.



I would proceed with extreme caution whenever it comes to renting on Craigslist, if something seems fishy, it probably is a scam.
 
<blockquote>His argument is that I don?t have a signed lease from him</blockquote>


You need a copy of the lease signed by both parties for it too be valid. Try checking through emails to find the signed copy he says that he sent back to you.



If a single party could sign a contract then anyone could print out a lease and put in any amount they wanted for rent and then say the other person was bound by it.



I doubt if cashing a check or accepting a wire is considered a contract since it does not contain the items necessary to meet contract law.



Had he sent you a signed lease with the wrong amount then you would be in a good position even if he made a mistake.



It may be a mistake on his part or it may be a scam. I would not have done a wire transfer prior to having a signed lease in hand, keys available, and utilities in your name.



Craigslist is like the wild, wild west.





Good luck
 
[quote author="xsocal land merchant" date=1226568207]<blockquote>His argument is that I don?t have a signed lease from him</blockquote>


You need a copy of the lease signed by both parties for it too be valid. Try checking through emails to find the signed copy he says that he sent back to you.



If a single party could sign a contract then anyone could print out a lease and put in any amount they wanted for rent and then say the other person was bound by it.



I doubt if cashing a check or accepting a wire is considered a contract since it does not contain the items necessary to meet contract law.



Had he sent you a signed lease with the wrong amount then you would be in a good position even if he made a mistake.



It may be a mistake on his part or it may be a scam. I would not have done a wire transfer prior to having a signed lease in hand, keys available, and utilities in your name.



Craigslist is like the wild, wild west.





Good luck</blockquote>


I doubt a judge would find in favor of the landlord just because the lease is unsigned. The landlord made the contract offer by preparing and forwarding the lease. Consideration was exchanged. I'd think the lease according to its current terms is valid and enforceable most likely...
 
[quote author="ipoplaya" date=1226570552]I doubt a judge would find in favor of the landlord just because the lease is unsigned. The landlord made the contract offer by preparing and forwarding the lease. Consideration was exchanged. I'd think the lease according to its current terms is valid and enforceable most likely...</blockquote>


This is what I am thinking as well. I am currently living in the unit, keys were exchanged and the whole nine yards. I am going to sit tight for now, and wait for the landlord's next move
 
[quote author="xsocal land merchant" date=1226568207]<blockquote>His argument is that I don?t have a signed lease from him</blockquote>


You need a copy of the lease signed by both parties for it too be valid. Try checking through emails to find the signed copy he says that he sent back to you.



If a single party could sign a contract then anyone could print out a lease and put in any amount they wanted for rent and then say the other person was bound by it.



I doubt if cashing a check or accepting a wire is considered a contract since it does not contain the items necessary to meet contract law.



Had he sent you a signed lease with the wrong amount then you would be in a good position even if he made a mistake.



It may be a mistake on his part or it may be a scam. I would not have done a wire transfer prior to having a signed lease in hand, keys available, and utilities in your name.



Craigslist is like the wild, wild west.





Good luck</blockquote>


Landlord never sent back the signed lease, he was said he would via snail mail. I am banking on the fact that he accepted payment, accepted the signed lease via email to be enough.
 
[quote author="freedomCM" date=1226574185]who did you get the keys from? ie how did you gain possession? are you certain that he is the legal owner?</blockquote>


I got the keys from the last renter, who got out of her lease when I moved in. I am certain he is the owner as security asked me to confirm the owner at the gate when I was moving in and had no transponder.
 
[quote author="rancidnsx" date=1226575958]I just got served with a three day...let the fun begin!</blockquote>


I hope everything you wrote in your above posts is documented in e-mails (i.e. he provided written acknowledgment of accuracy of what he sent, he accepted wires in the amount reflected in the lease you signed, he agreed to snail mail you an executed copy of the lease you signed, etc.). His acceptance of payment, and other written materials would become more important than a signature that you don't have. I think if that is the case, you'll be alright. But if some of the important things you told us were all verbal, it will make your case more difficult. Another thing - is the increased amount the same as the amount as your initial negotiation point, or is this amount entirely new? If new, there is at least an argument he is trying to scam you some how. If it's the same, he could claim mistake and that he never executed the lease with your lower amount.
 
[quote author="JLegend" date=1226585798][quote author="rancidnsx" date=1226575958]I just got served with a three day...let the fun begin!</blockquote>


I hope everything you wrote in your above posts is documented in e-mails (i.e. he provided written acknowledgment of accuracy of what he sent, he accepted wires in the amount reflected in the lease you signed, he agreed to snail mail you an executed copy of the lease you signed, etc.). His acceptance of payment, and other written materials would become more important than a signature that you don't have. I think if that is the case, you'll be alright. But if some of the important things you told us were all verbal, it will make your case more difficult. Another thing - is the increased amount the same as the amount as your initial negotiation point, or is this amount entirely new? If new, there is at least an argument he is trying to scam you some how. If it's the same, he could claim mistake and that he never executed the lease with your lower amount.</blockquote>


It's all in email, only thing via phone was his 2nd demand for a new lease. The amount he is asking for is what the ad was for on craigslist. I would argue that the lease was executed due to my move-in, residence at the unit, turnover of keys, his acceptance of the two payments, etc.
 
This all sounds like an honest mistake on the owner?s part. I'm still a little lost about the details, but I mean you already moved in. I doubt this is a scam. You however are jeopardizing a critical relationship. The longer you keep this up, the more mistrust there are between the both of you. You can choose to be civil and mend any misunderstandings; after all you basically need each other's goods or choose to make each other's lives miserable.
 
It seems to me that if you agreed to pay a specific amount of rent, your word would count for more than saving a few bucks because of someone's mistake.
 
[quote author="awgee" date=1226614591]It seems to me that if you agreed to pay a specific amount of rent, your word would count for more than saving a few bucks because of someone's mistake.</blockquote>


Perhaps the LL has so many properties that he mixed up the lease dates AND the amount. But the lease amount is $75 less, which isn't merely writing a "1" instead of a "0" or something similar. This "mistake" was due to the LL's laziness or inability to take care of his business. LL should just eat it.



OP, I suggest you politely tell the LL a deal is a deal and him trying to evict you will cost more than the $75/month x 1 year he's now trying to regain. Inform him that if you have to defend against improper eviction, he will have to eat those costs too AND you plan on staying at the agreed upon amount.



I mean come on - the LL was in control of the documents, if he didn't get it correct, that's his problem.
 
I think that was genuine mistake by the landlord, If the new lease that he is asking you sign is 1125 as mentioned in the craigslist , then it was a mistake on the lease documents for which you shouldnt think you have been cheated as you initially agreed to that price and was ready to sign the paperwork. sometimes mistakes do hapen if you have more properties and have lot of tenants to take care of.
 
Look, it's a matter of compromise. If you get the sense it is an honest mistake, tell the LL, you already have the keys, you are already moving in, and the idea of eviction is ridiculous and will end up costing both sides more money and hassle than it's worth. Ask for a certain amount of credit on first month's rent (75*12 = $900). Ask him to knock of $450 - $700 on your first month's rent, then you'll resume at the advertised amount. That is entirely reasonable. Imagine, if he has to evict you, that property will likely be vacant for another month, so that's a loss of $1050, at least. Throw the numbers at him, then he should agree, if not, call his bluff.
 
IPO



<blockquote>I doubt a judge would find in favor of the landlord just because the lease is unsigned. The landlord made the contract offer by preparing and forwarding the lease. Consideration was exchanged. I?d think the lease according to its current terms is valid and enforceable most likely? </blockquote>


Based on my experience with real estate contracts you need several items to have a valid contract: consideration, length of time and execution by all parties. Any bi-lateral contract must have both signiatures. In a small court case the LL would have the Craigslist ad showing his intent. The rentor has an unsigned contract. I would think the court would go with the LL since no "valid contract" exists.



It sounds like a mixup rather than a scam but is it worth the $75.00 per month to move again? Also the LL may now have a bad taste as far as the tenant and go ahead with the eviction even if the tenant decides to pay the higher amount. A lot of my leasing decisions are based on the relationship between me and my tenants. If I think they will be a problem right off the bat I usually move to another application.



Just business.
 
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