If i was told that I wouldn’t have to pay rent for 2 months but was later asked to because my apartment made a “mistake”, can I refuse to pay?

My roommates and I moved into a new apartment unit at the same complex we had been living in previously. When we got our keys last month, we were told rent wouldn’t be due for 3 months. Yet, at the beginning of this month we were called and told to pay our rent and apparently the front office made a mistake and we would have to pay anyway. We have a document, signed by us, from when we got our keys clearly saying rent wouldn’t be due for 3 months. Is there anything we can do so we don’t have to pay until then?

Asked on July 10, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was a signed agreement, the complex cannot now decide that it was a mistake to offer you that good a deal. That agreement would be enforceable as per any contract. If it is as definitive as you indicate, then you do not have to pay; if the complex attempts to take legal action against you, you should be able to interpose the agreement as a defense.


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