Anyone familiar with apartment leases?

bam

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I moved into a new apartment at the beginning of last month. My lease (and when I signed it, my property manager) states that the landlord will pay certain utilities charges, but my first bill stated that I was responsible for these myself.

I called my management company and explained the situation, and was told that that was put in the lease "by mistake," that they would not pay these charges. This doesn't seem okay to me, because by that standard they could renege on any clause or detail in the lease.

I haven't paid the bill yet, but it is due soon. Any thoughts on how I should handle this?
 

Screw-Rice

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If it is in a signed contract they need to honor the agreement. By their account you could tell them it was a mistake on what the rent should be and you will only be paying half.
 

NoSlowGT

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I'm an assistant manager of an apartment complex. A signed lease is a signed lease. Take them to court and you will win. They probably use that as a tactic to get people to lease and then after you sign they pull this to see if you will just be like ok whatever, I'll pay it. Don't back down and keep us posted.
 

Machdup1

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I'm an assistant manager of an apartment complex. A signed lease is a signed lease. Take them to court and you will win. They probably use that as a tactic to get people to lease and then after you sign they pull this to see if you will just be like ok whatever, I'll pay it. Don't back down and keep us posted.

This. If you tried to back out of the contract they would sue you without hesitation. I would check with an attorney to see if I could short pay the rent by the amount of the agreed upon utilities.
 

Mystic-SVT

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i'm an assistant manager of an apartment complex. A signed lease is a signed lease. Take them to court and you will win. They probably use that as a tactic to get people to lease and then after you sign they pull this to see if you will just be like ok whatever, i'll pay it. Don't back down and keep us posted.

this. If you tried to back out of the contract they would sue you without hesitation. I would check with an attorney to see if i could short pay the rent by the amount of the agreed upon utilities.

+1
 

PSUCOBRA96

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You sir have a lease, this is a contract and you get to make them honor it. Judges are not happy when landlords do things like this. Tell them they have two options, pay it or face your lawyer. Have your attorney call a few times and I bet they cave. If you do try and deduct the utilities from the rent just put it in a escrow account for the short term until this gets worked out.
 
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LogiWorld123

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By mistake lol.

It won't go to court, they will settle because "by mistake" isn't a valid defense in contract law.

If you are enterprising enough, as said, pay your utility share into escrow, and when your lights/water gets shut off demand to be put into a hotel of similar accomodation until the matter is resolved. When they tell you to pound sand, you have a great list of damages to bring to your side of the table. Then you can have the lease vacated and go about finding a new place to live that doesn't have such shitty management.
 

bam

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By mistake lol.

It won't go to court, they will settle because "by mistake" isn't a valid defense in contract law.

If you are enterprising enough, as said, pay your utility share into escrow, and when your lights/water gets shut off demand to be put into a hotel of similar accomodation until the matter is resolved. When they tell you to pound sand, you have a great list of damages to bring to your side of the table. Then you can have the lease vacated and go about finding a new place to live that doesn't have such shitty management.

As much as I enjoyed this, I actually do love where I live. I appreciate the input. I'm going to give them a call back tomorrow and see where things go.
 

N2DAMYSTIC

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I am a Regional Manager for a portfolio of apartment communities. Without knowledge of your community your approach should be with the Regional Manager if you are living in a community professionally managed. I would first get clarification from someone over your Managers head. Things like this do not get in your lease by accident. It could however be an old lease and the community recently sub metered the property. Hard to say without knowing more. Could also be a new Management company that did not properly review the lease they put in place.

Based on what you said your lease should hold up in court. Be aware they will get you at renewal time next year.
 

bam

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So, called them up today and was told that they will honor the lease. They are asking me to pay my first three bills in total so that they can average the cost/month and pay me a lump sum to cover a year's worth. So we'll see in a couple of months if their word is worth anything.
 

bam

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Worst-case scenario, I do know a few lawyers, so I will probably be able to get some help if I need it.
 

NoSlowGT

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So, called them up today and was told that they will honor the lease. They are asking me to pay my first three bills in total so that they can average the cost/month and pay me a lump sum to cover a year's worth. So we'll see in a couple of months if their word is worth anything.

I would also get this in writing.
 

horspla2000

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I would also get this in writing.

^^^ THIS ^^^

They could let you go on and pay, buy themselves a few months and then when you bring the issue up later, you'll get the ol "who'd you talk to" or "we never said that" Get it in writing!!! I'd even write up a paper yourself that states things as you understand them and have them sign it and notorize it. Between that and the lease itself, you'd be covered. I'd say tho, if the lease states they pay certian utilities, I see no point in "seeing what the utilities will be" What's it matter?? They're paying it regardless. It kinda seems like they're blowing you off w that statement:shrug:
 
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PSUCOBRA96

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So, called them up today and was told that they will honor the lease. They are asking me to pay my first three bills in total so that they can average the cost/month and pay me a lump sum to cover a year's worth. So we'll see in a couple of months if their word is worth anything.



no no no, they will claim you assumed the rental utilities and that's why you paid them. If it is not in writing and signed by someone with authority do not pay it. If it were me I would never pay a dime, you are likely not going to see it back. They have more money than you, no reason for you to front them a dime. They are trying to screw with you, do not fall for it.
 

horspla2000

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was thinking about this today again. Don't pay it! Tell them the lease says they'll pay it, so they can pay it, period. You're gonna get screwed if you give in!
 

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