Legal Question in Landlord & Tenant Law in California

On my lease that my boyfriend and I signed it says that rent is $995. We have been paying that amount since February of this year. Property manager says that they made a mistake and that rent is suppose to be $1145 and that they want us to sign the new lease with the proper amount and start paying that amount. We were told that rent would be $995. We did sign a rental deposit receipt that showed the rent was $1145 but didn't realize the amount and we didn't think it would matter since we signed the lease for $995. But it states on the receipt "applicant also understands that the Rental Application submitted with this deposit is not to be construed as a Lease or Rental Agreement". Can they make us paying the new amount even though we never signed the new lease and still have the original lease on hand?

Asked on 6/04/13, 12:37 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The landlord is stuck with the rent stated on the fully-executed rental agreement for the term stated. Any oral agreement prior to its execution is not binding. If there is a tenants' rights clinic at your local courthouse, you might want to consult with them in anticipation of the next shoe dropping.

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Answered on 6/04/13, 1:31 pm


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