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  1. #1
    Join Date
    Mar 2017
    Posts
    2

    Question Should You Get a Rent Credit After Signing a Retroactive Lease

    My question involves landlord-tenant law in the State of Ohio

    Intending to move, I opted for an M to M lease Oct 1, 2016; the premium on an M to M is $50 per month. My plans changed on 1-1-2017 I signed a one year lease with an itemized "annual rate of rent" at $8,700.

    A week later one of the rental agents called and asked me to stop into the office, they'd decided (for whatever reason) to backdate my lease to October 1, 2016, and they needed me to initial the change to the original. I asked if I could then expect to have the benefit of the $150. over-payment that now exists for the total value of the contract. "Good question" she replied. "I'll have to look into it".

    You can guess how the story has played out since then. Excuses. Unavailable to talk to me. Etc., etc.

    My question is: Since the current lease doesn't contain a clause providing for the three months of premiums that were received, under what legal argument can I resolve this contractual discrepancy? Are they required to make me whole right away or not until the satisfaction of the lease?

    (It may be irrelevant, but the new owning corporation for these condos encumbered the business under something called Section 42, which I understand obliges them to jump through more governmental hoops than your average bear).

    Thank you for your attention!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: M - M Lease Converted to 1 Yr. Credit Due on the Differential in Contracted Value

    So, you signed (initialed) the backdated lease without getting the $150 refund in writing?

    Well, you can guess how that story will play out.

    Delay is the deadliest form of denial. You aren't going to get that money back.

    Now, if you want to sue in small claims court for the $150, you are free to do so and try to convince a judge that you are entitled to a refund.

  3. #3
    Join Date
    Mar 2017
    Posts
    2

    Default Re: M - M Lease Converted to 1 Yr. Credit Due on the Differential in Contracted Value

    No kidding!??!

    My goodness....I'm so fed up with having to just forfeit money! It's very, very hard to not get resentful when (yet another) a change or error that calls for a refund, invariably becomes (yet another) exception to our social norms - specifically those governing ownership and fairplay.

    I think Justice Berger was correct when back in the eighties he was quoted as saying that America was turning into “a society overrun by hordes of lawyers, hungry as locusts.”. The fact that since then our population has increased by 40%, yet the number of practicing lawyers has increased by 300% has everything to do with the fact that there exists a boldness in individuals to challenge another's claim to the rightful ownership of something they may hold. Attorneys and judges have chosen to micro-litigate these issues according to the ever-changing letter of the law as opposed to the spirit of the law. The results can rarely be called justice.

    Nevertheless, thank you for taking the time to answer my inquiry. It's really nice to get that quick answer without having to endure the time and expense of a consultation.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: M - M Lease Converted to 1 Yr. Credit Due on the Differential in Contracted Value

    And none of that changes the fact that self-preservation is nobody's business but your own.

  5. #5
    Join Date
    Nov 2013
    Posts
    672

    Default Re: M - M Lease Converted to 1 Yr. Credit Due on the Differential in Contracted Value

    So avoid the lawyers, and (as mentioned) file in small claims court.

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