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Is a written lease renwal offer legally binding?
Anonymous3 views3 answers
Currently living in an apartment complex where we signed a 6 month lease paying $1585/month. We received a renwal notice from apartment management quoting us a renewal lease price of $1275. We called and accepted and they said they'd draw up new lease. A week later we called to see if it was finished and they said "Oops! We made a mistake on the price. You actually have to pay $1585." We were looking for a new place before we got the renewal quote but stopped once we saw it was cheaper to stay in our current apartment. Does the apartment management have to stand by the price they quoted ($1275) us even if we haven't signed the lease yet? I still have the written renewal quote that has my name and apartment number as well as a typed signature of the assistant property manager.
This is a contracts question. A contract is offer and acceptance. (bear in mind there are innumerable exceptions to this rule) They offered, you accepted, they recanted. Depending on who's side your on, there either is or is not a valid contract. The unfortunate portion of this question is that the only way to actually determine this would be to put the issue in front of someone wearing a black robe. In this case, since I'm answering your question, my answer would be yes. I believe there is valid offer and acceptance.
HOWEVER, the $1,800.00 you stand to be awarded as damages (that would be six months at $300.00 a month) would pale in comparison to the attorney's fees you would incur in getting to that $1,800.00 judgment. Cost benefit analysis. Is it worth your time to spend many thousands of dollars to obtain a $1,800.00 judgment.
James Michael SlominskiIntellectual Property Law AttorneyLos Angeles, CA ·
While I cannot give you legal advice in this forum and based on the limited facts that you have provided, you should look at the renewal quote carefully. If there is no qualifying language indicating that it is not an offer, you may have a good argument. However, you cannot force them to agree. Your remedy would generally be to sue them for the difference between the $1275 and what you actually had to pay for a comparable apartment. Try to work it out. If you were a good tenant, there should be a resolution here.
