Can apt.mngmt evict for “math error” on their part which is in addition to amount agreed to on paper by all parties?

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Can apt.mngmt evict for “math error” on their part which is in addition to amount agreed to on paper by all parties?

3-day notice given for non-payment of additional deposit amount which was outside of the outlined deposits listed on the “Welcome Letter” . This was signed by the management and both co-tenants and paid in full at the time the lease was signed. The additional amount was supposedly a math error and notification was made 10 days later to us. The matter was looked at by the manager when contacted but no problem was found. After no further communication, notice to pay or vacate was left at the door.

Asked on June 7, 2009 under Real Estate Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you need to have a landlord-tenant lawyer take a look at that "Welcome Letter," along with all of the rest of the facts of your case, for advice you can rely on.  One place to look for a qualified attorney is our website, http://attorneypages.com

It isn't clear whether or not you have a lease;  if you do, the attorney will need to see that as well.  If there is a lease, it probably is what has to be followed, even if the "Welcome Letter" is different.  But otherwise, the Welcome Letter might give you some rights here, depending on how it's worded.

People make math errors in contracts from time to time. Sometimes, they can be corrected -- but sometimes not.


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