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  1. #1
    Join Date
    Jul 2017
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    Default Can You Enforce a Rent Math Error on a Signed Lease

    My question involves landlord-tenant law in the State of: Texas
    I just realized that there is a math error in the lease contract we just signed for our apartment in Katy, Texas. There is a lease addendum that states, "you will receive a monthly discount of $330 off of the market rate as stated in Paragraph 6 of the TAA lease contract. Your discounted monthly rent will be $1,240 for 12 months".

    However, Paragraph 6 of the lease contract states: "Rent & Charges: You will pay $1,300 per month for rent in advance and without demand through our online payment site"

    So my question is, if the stated monthly rent on the contract is $1,300 and the monthly discount is $330/month, shouldn't my new monthly payment be $970/month? Or will it be $1,240?

    The lease has already been signed by both parties. Can I legally fight the landlord for their mathematical error?

    Thank you all in advance for your assistance/responses.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Enforce a Math Error on a Signed Lease

    I am not going to comment on the interaction of clauses in a lease that I have had no opportunity to review. The intent of the parties could remain clear in the full context of the lease, irrespective of an error in one clause.

    That said, if you and the landlord both agree that your rent was to be $1,240 per month, after all discounts, you can reasonably expect that the net effect of litigating an error would be that the court would reform the lease to be consistent with your agreement. If you have been paying rent at the rate of $1,240 per month, that would be strong evidence of your agreement that your rent was to be $1,240 per month.

  3. #3
    Join Date
    Feb 2008
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    1,179

    Default Re: Can You Enforce a Math Error on a Signed Lease

    agree that you need to look at the expectation of what you thought you were paying before you noticed the mistake. If it is $1240, then I think it is a hard sell and honestly I wouldn't pursue a mistake to my advantage -- but I believe in "what goes around comes around". How would you feel if you employer paid you $330 because you made a mathematical error on your timesheet, for example?

    If you agreed on and expected rent to be less $330, I would at least have an attorney look over the full contract with addendums. If you can honestly say you signed the lease without knowing the final rent, you might want to move back in with your parents.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Can You Enforce a Rent Math Error on a Signed Lease

    Quote Quoting JRod816
    View Post
    I just realized that there is a math error in the lease contract we just signed for our apartment in Katy, Texas.
    So, you signed a lease without reading and understanding it?

    Tsk, tsk.

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