Is there a statue of limitations on discovering a mistake in a lease ifit is still in effect?

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Is there a statue of limitations on discovering a mistake in a lease ifit is still in effect?

My 1 year lease will expire in 2 1/2 months. While reviewing it for renewal I noticed a discrepancy in the amount of rent I should pay. The original lease states $898/month unless otherwise listed in an addendum. The addendum says $699 per month. This was missed at the signing by both parties. When I told management they stated it was a mistake and, “Now it is too late to do anything about it”. What should I do?

Asked on July 14, 2011 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are on the right track by reading the written documents concerning your lease and its addendum. These documents would contol the contactual rights between you and the landlord.

If what you say is true, that the addendum amount of $699.00 monthly controls over the $898.00 monthly amount, then it does provided that the addednum is dated and signed by the landlord.

From what you have written, it seems that you are entitled to a credit of $199.00 per month from the landlord for rent for each month that you have overpaid with possibly accrued interest at the legal rate on the total.

A letter to the landlord about the apparent credit owed you seems to be in order to see how he or she wants to apply the credit to future monthly rental payments.


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