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-   -   Lease modification question (https://www.askmehelpdesk.com/showthread.php?t=35389)

  • Sep 28, 2006, 02:04 PM
    RentApart
    Lease modification question
    Hello,

    A year ago, during my lease signing for my apartment, I negotiated my rent down by $100. I crossed out the figure that was on the lease, wrote in the negotiated rate, and initialed beside it. I didn't ask the agent to initial this change also (I know, I know... ), though the entire document does have her signature. I've been paying the negotiated rent for the last year, and now the management company has changed. They are questioning the validity of the change made to the rent rate and want to charge me the higher rent. Do you know whose side the law would take? If the new management company "wins," does that mean I owe $1200 in back rent for the last twelve months and could be served a notice for eviction? (OOOOUCH.)

    Thank you for your help.

    Washington DC
  • Sep 28, 2006, 04:24 PM
    Fr_Chuck
    Since of course the lease should have been re-written, and of course you needed to have the other party at least initial the change.

    The fact that the other management company has been accepting this payment without noting any late fee, it is "proof" that this was an accepted change by them.

    Also you can call the other management company in as a witness , and they should just call and verify it with them to make it simple.

    Also how long was your lease for, since you said a year ago, most leases are only for a year, so it also sounds like your lease may be about up and ready to renew.

    Also I don't think they are looking at the back rent but will want to change it back. When does your lease expire ?
  • Sep 30, 2006, 01:01 PM
    RentApart
    Hi Fr.Chuck, thanks for your answer. My lease expires today, 9/30/06. I'm on month-to-month now, which would be fine except that my new roommate is moving in today, so we'd need to sign a new lease.

    They should be able to increase my rent by only 6.2% based on the negotiated rent, when I sign the new lease. I'll try to contact the old mgmt company on Monday before meeting with the current mgmt company, but if I'm unable to do so, I'm not sure what to do if the current mgmt company insists on the old rent. They might even increase my rent by 6.2% using the old rent as the base.

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