Can I sue my old apartment complex?

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Can I sue my old apartment complex?

I received a notice from my old
apartment complex which stated that I
owe money for an early move out fee. I
signed my lease on February 10, 2015
as stated on the lease my apartment
complex provided but on the first of the
lease which had a different series of
numbers on the bottom stated that I
signed my lease on June 24th 2015.
The first page doesn’t not have my
signature like the rest of the pages with
the correct with the correct date of
February 10th. Also they claim I signed
a 1 year lease but I signed a 7 month
lease because of a promotional offer
advertised during the time of move in.

Asked on February 24, 2016 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It's not so much that you would sue them for this, but that based on what you write, you would have a good defense to any claims they assert for money which are based on changes to the lease made after you signed it. A lease is a contract; like other contracts, it may not be changed unilaterally by one party, after it has been signed, but rather any changes require the consent or agreement of both parties; therefore, they could not alter the start date or duration of the lease without your agreement. If they do try to sue for any money, or withhold any money from your security deposit (in which case, if wrongfully withheld, then you could sue them for its return), where the claim is based on a post-signing change to the lease, you would seem to have an excellent chance of prevailing if you have a copy of the lease without the changes; if you lack written documentation, then it will come down to whether a court believes you over the landlord and the copy of the lease they will provide.


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