My landlord agreed to have us pay less on our last month of tenancy via email. Is the email considered a legal binding contract since the last month would be considered a "rental agreement" and not part of the lease that was over months ago?
Peter Jay WilkeSecurities Offerings LawyerVenice, CA ·
As long as you can prove the landlord sent the email (if need be) and there's no writing of any kind contradicting this; yes, the email is binding. The landlord could attempt to say he didn't agree to the lesser rental, but the email, standing alone, is proof otherwise.
This response is for general purposes only, is not legal advice and does not constitute an attorney client relationship with the questioner.
Unfortunately, the answer is "maybe". If you agree with the email content, consider sending a response to the landlord, such as "thank you, we will send you the $___ check" or something like that where you accept the offer. If your email program allows you to tag the email with opened or read reciepts, do it, and print them.
But, even better, if you can simply pay the landlord with a check, you should write in the memo section of the check "Per email of March __, 2011"
You have to think about this in terms of what you might show a small claims court judge, if it comes to that.
Yes, emails can be considered writings that can amend your written lease, which even if it expired is still operative as a month-to-month "holdover" tenancy.
Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
