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

UPDATED: Jun 7, 2009

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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


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

Answered 13 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,

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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