What happens when a fully executed lease mistakenly has the wrong rent listed in it?

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What happens when a fully executed lease mistakenly has the wrong rent listed in it?

Last year I paid $1120 rent per month. Then 2 months before my lease expired I received a renewal notice; it that if I renewed for a year my rent would be $1006 per month. I went in to the front office and signed a 1 year lease for $1006 a month. Today I received an e-mail stating that the front office made a mistake and my yearly monthly rent should be $1176 a month and they want me to come in to sign a new lease. If I want to continue living here, am I obligated to sign a new lease at the higher monthly rent price or is the apartment complex obligated to honor our original lease at the $1006 rate?

Asked on April 10, 2012 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A lease is a contract and contracts can be rescinded based upon various theories under the law.  Mutual mistake is one of those theoroies.  Did you know that the rent was wrong?  Did you sign the lease anyway?  Or can you prove that this new lower rent was part of a negotiation between the parties involved? So really think here about what you want to get involved with because they are going to do what they need to get the contract voided.  Good luck.


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