Landlord sent me section of lease that is not on the copy that I signed, is that legal?
Question Details:
My "mutual early termination" of lease does not include a charge for termination. The landlord emailed me today with the supposed same section that stated I would be charged 1.5 months rent for ending early. I double checked the lease I signed and it does not have the new terms. The "modifications to lease" section states "Resident agrees that any changes or modification of this agreement must be written and signed by Owner". Does this mean he can change the lease without informing me? Am I bound by the original lease that I signed, or the new one he made up (and I have never seen)?
Real Estate Law Answers
A contract is binding where there is a meeting of the minds between two or more parties on terms and condition and express a mutualo consent to be bound. a lease is a contract. A contract clause cannot be inserted into the original contract unless both parties agree and sign off on the clause being inserted. In this case, the original lease controls. the clause that the landlord inserted is not and will likely not be enforced against you becasue you did not sign off on the clause. at a trial, should your landlord sue you for the rent, you may show the court the original lease and prove that the landlord is committing fraud on you and the court by trying to introduce terms of a document that you did not agree to. you should not pay under the fraudulent lease. hire a lawyer if you are evicted/sued.
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