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  1. #11
    Join Date
    Sep 2005
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    Default Re: Renewed Lease Online After Landlord Thought I Was Moving Out

    Quote Quoting atanu
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    And Mr. Knowitall: you're asking a lot of things, how could I submit my old lease here? I only have a hard copy and no soft copy. And even if I had a soft copy it would be about 50 pages long.
    The fact that your lease would be difficult to post, and the fact that it is unlikely that anybody is going to read a 50 page lease for you unless you pay them to do so, is not relevant to the fact that the lease terms matter. If you cannot find and quote the relevant language, and you want a definitive interpretation of your lease, take it to a lawyer for review. Even if you quote excerpts here, any response you'll get is going to be accompanied by the disclaimer that any interpretation may be affected by the remainder of the lease.
    Quote Quoting atanu
    Plus the email exchange you're talking about, I already told you that I sent an email basically saying that I probably would move out and they basically were asking me to come sign the 'move-out' form, which I never did.
    You have paraphrased. That doesn't mean that the actual words used don't matter.
    Quote Quoting atanu
    The website also doesn't have anything extra information on leasing thing, I checked out thoroughly.
    And we run into the aforementioned disclaimer. If there's nothing on the website that modifies it as a form of acceptance, then we would look at the emails and lease; but I say that based upon your statement about the website, so if you missed something it could remain relevant.
    Quote Quoting atanu
    All I asked about your opinion what you think?
    I think this:
    Quote Quoting Mr. Knowitall
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    If you can come to a mutually acceptable compromise, it would make sense to do so. It may be that they're negotiating with you because they believe their position is weak; it also may be because they want to avoid problems with the new tenant and also to avoid the cost and hassle of trying to evict you. We can't answer that with the information we have.
    Quote Quoting atanu
    Can email be treated as a 'binding'?
    Potentially yes.
    Quote Quoting atanu
    What you're saying anyone can guess, then why do we have to come ask for an 'expert' opinion? Thanks for your time!
    Are you being intentionally difficult? You want us to interpret a contract. We cannot interpret a contract we haven't seen. It's that simple. If you want an expert interpretation of your contract, get your documents together and have a local lawyer review them and interpret them for you.
    Quote Quoting mihamih
    View Post
    There is no meeting of the minds. They did not intend to "sign a contract with you." My opinion is that you have to move out unfortunately :-(
    Your legal authority for that belief is what?

  2. #12
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Renewed Lease Online After Landlord Thought I Was Moving Out

    If this had been an "offer" the request for a lower rent would terminate the original offer. However, this isn't an offer-acceptence thing. There's a contract in place here, presumably with an auto-renewal feature. Barring an indication that the renter was terminating, the request for lower rent doesn't break the contract. The "online" renewal stuff is largely immaterial.

  3. #13
    Join Date
    Feb 2012
    Posts
    11

    Default Re: Renewed Lease Online After Landlord Thought I Was Moving Out

    Hi Everyone. Apologies for updating this thread a little late. Anyway, the update of the situation is the following.

    Good news! I sent apartment management team an email 3 weeks ago asking about the status of their negotiation with the other party. They replied by email that they were not interested in negotiating with them but they asked me to go to their office directly right away, they might have an offer for me to move to another unit. They also said that Mike (property manager) already explained me that the reasons why I've to move out by 14th. I replied by email that I'm not interested in moving out anyway given that I have a lease unless a judge is ruling otherwise. I also told them that Mike's explanation was not satisfactory at all. They need to come up with better explanation of why I had an active renewal offer even if they signed the unit to another party? Then in the same email I advised them to directly call my lawyer and I listed my lawyer's contact information (for your information, I did go talk to a lawyer about it and he said I've a chance of winning about 70-30 and he asked me to send them an official certified mail stating my position that I'm not gonna move out).
    Within 2 minutes Mike called me and said that he was ready to offer moving help and as he hasn't signed the lease yet, the thing I have is not legal. I stopped him right away over phone and asked him that I wanna see whatever he was saying in writing - that I don't have a valid lease. He paused for couple of seconds and asked me whether or not that was my position now. I said 'yes'. Then he went on saying that it won't help the other party and he's gonna sign the lease for me and asked me to come over to sign some initials on the contracts.
    I finished signing the lease 2 weeks ago and now got a copy of the lease contracts.
    So it became a happy ending at this point. So, 'flyingron' was right that it was a 'contract'. Thanks everyone again!

  4. #14
    Join Date
    Sep 2005
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    Default Re: Renewed Lease Online After Landlord Thought I Was Moving Out

    It sounds like you consulted the right lawyer - he recognized the issues and gave you what I think is a reasonable estimate of your odds in court. I get a bit frustrated with some of the people who come back and tell us, "My lawyer says I have an easy case," when that's obviously not the case - some of them haven't actually met with a lawyer, but sometimes they're getting sold a bill of goods by a lawyer who wants a retainer fee.

    Mike apparently didn't expect you to call his bluff, that he has to "sign" a lease that the company has tendered to you for your acceptance by electronic signature. He overplayed his hand, and you called him out.

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