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  #1 (permalink)  
Old 04-12-2007, 08:26 AM
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Join Date: Apr 2007
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Angry They Changed My Lease Contract!!!

I've been renting this house in Texas. We are on a month to month after the initial year lease ran out. My landlord contacted me and asked me why I didn't pay the full amount...$50 difference. I asked what he was talking about. He faxed me the lease that showed the altered amount...( the typed original amount is whited out and then the new amount is written in)!!!I was ticked! I called him back and told him that this has been changed, I couldn't believe it. If they wanted to up the rent, why not just give me 30 days notice and up it. This can't be legal. Oh, and then he faxed me something that showed my payments supposedly. Some months I paid "their" amount. I told him, I have canceled checks from my bank, I never paid them "their" amount! Don't I have a case? I told him he was lying! Does anybody think I have a case?
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Old 04-12-2007, 07:21 PM
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Originally Posted by allks View Post
I've been renting this house in Texas. We are on a month to month after the initial year lease ran out. My landlord contacted me and asked me why I didn't pay the full amount...$50 difference. I asked what he was talking about. He faxed me the lease that showed the altered amount...( the typed original amount is whited out and then the new amount is written in)!!!I was ticked! I called him back and told him that this has been changed, I couldn't believe it. If they wanted to up the rent, why not just give me 30 days notice and up it. This can't be legal. Oh, and then he faxed me something that showed my payments supposedly. Some months I paid "their" amount. I told him, I have canceled checks from my bank, I never paid them "their" amount! Don't I have a case? I told him he was lying! Does anybody think I have a case?
For month to month leases, a landlord may increase rent only with proper written notification, usually about 30 days. Where is his notification to you? When did it allegedly go in to effect? Where is his documentation (not a handwritten note or ledger) to show the differing rent checks? He can't go "retro" without notifying you of the increase, but he CAN raise the rent in the future. At this point, I think the burden is on your landlord to show proof that you were notified at least 30 days prior to the date of the increase. I would also demand to see conclusive evidence he ever received more than your usual amount.
In my opinion, if you have a clear (and unaltered) copy of the lease you say was changed and copies of each cancelled rent check paid since that date, you've complied with the existing contract between you. Especially if he cannot prove otherwise. (Just an opinion and not to be construed as legal advice.)

Last edited by TheJury'sStillOut : 04-12-2007 at 07:45 PM.
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Old 04-12-2007, 11:35 PM
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Join Date: Apr 2007
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Red face

Thanks for replying...but, answering your question...I have a copy of the original lease that I signed before we moved in. It says the original amount. He used that copy and just whited out the amounts (he also lowered the security deposit). Then, he wrote his new amounts in. Very sloppy job, I think. But, anyway, there's been only this one lease contract. I don't why they haven't just notified me of an increase. It's been over a month now. I almost just want to move because of the absence of integrity. What do you think? Aren't laws being broken, can I go to court?
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Old 04-13-2007, 07:55 AM
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Originally Posted by allks View Post
Thanks for replying...but, answering your question...I have a copy of the original lease that I signed before we moved in. It says the original amount. He used that copy and just whited out the amounts (he also lowered the security deposit). Then, he wrote his new amounts in. Very sloppy job, I think. But, anyway, there's been only this one lease contract. I don't why they haven't just notified me of an increase. It's been over a month now. I almost just want to move because of the absence of integrity. What do you think? Aren't laws being broken, can I go to court?
Of course it's not legal to alter a contract after it's been executed. Any ammendments require both parties present to initial and date any changes. It could be argued that your landlord has in effect voided the original lease by altering the dates, amounts or any other terms without your knowledge. Unless you unknowingly paid the higher rent or the arrearage, you have no losses to recover and it's not likely you'd recover any punitive damages. Your landlord may be forced to pay fines (not to you) for the action but other than a sense of satisfaction (a costly one, if you decide to hire an attorney and pay court costs,) there's not much point. Unless you can document a history of this type of action, and somehow document it's been based on some sort of discrimination, the landlord can always plead "ignorance of the law" and pay out any fines. You'd need to do some digging and find out if similar complaints have been filed with your city to determine whether or not you have cause to file a lawsuit. (In my opinion.)
Personally, I think your instinct to move is a smart one.
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Old 04-13-2007, 09:02 AM
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Smile

Thanks so much! You pretty much answered my questions and with believable responses. I guess, it wouldn't make much sense to sue. Sure, it could make me feel better, but I can get that "better feeling" doing something worth my time. Thanks again!
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