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  1. #1
    Join Date
    Mar 2017
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    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!

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