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  1. #1
    Join Date
    Sep 2016
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    Default What Happens if the Landlord Claims New Rent Rate Was an Error

    A landlord gave notice to a tenant that at the end of her lease term she would continue as a month-to-month tenant, and stated the rate of rent for the month-to-month tenancy. That rate was $200 per month lower than the rate of rent under the lease. Six weeks into the month-to-month tenancy, after receiving two rent payments, the landlord claims that the notice was in error and that the tenant owes another $400 in rent. Does the tenant have to pay?

  2. #2
    Join Date
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    Default Re: What Happens if the Landlord Claims New Rent Rate Was an Error

    The tenant likely does have a defense against paying the higher rate of rent, and may be able to pay that rate for a third month before the 'corrected' rate of rent comes into play -- but the tenant needs to keep in mind that if this was a mistake, and it almost certainly was, the landlord is likely to at best have a tense relationship with the tenant going forward, and the landlord may choose to give notice ending the tenancy.

    The tenant must thus weigh then benefit of getting a rent discount for two or three months against the possibility of having to move.

    By the same token, the landlord should consider whether this is a good enough tenant to simply accept the consequences of his mistake and move forward.

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