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I leased a house in WV for 12 months starting June 1. Lease specified that owner would pay for water/trash/sewer. Upon arriving at house with moving van people, owner hands me another piece of paper. She says she is replacing page 1 of the lease agreement with a new page 1 which states that I will pay for water/trash/sewer. Lease amount is $875 per month with $875 deposit. The bill per month for water/trash/sewer is around $50. What is the proper legal method for dealing with this issue? Owner name will not be listed at this time. Donald 17 Woodland Park Drive Parkersburg WV
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In article <o0oa10du2nupsn37kqsm0grdf9f2m4bgis@4ax.com>, Donald <rsa_2@yahoo.com> wrote:
I leased a house in WV for 12 months starting June 1. Lease specified that owner would pay for water/trash/sewer. Upon arriving at house with moving van people, owner hands me another piece of paper. She says she is replacing page 1 of the lease agreement with a new page 1 which states that I will pay for water/trash/sewer. Lease amount is $875 per month with $875 deposit. The bill per month for water/trash/sewer is around $50. What is the proper legal method for dealing with this issue? Owner name will not be listed at this time.
Did you and the landlord both sign the original lease that says that the landlord pays for these utilities? If so, you have a binding agreement for the term of the lease. If not, then one of two things happened...an honest mistake, or an attempt to take advantage of you. If it was an honest mistake, then she would most likely be allowed to correct that mistake and point it out to you. If not, then you have a pretty scummy landlord, and you really don't want to rent from her anyway because this is just the start of the problems. If you signed the new lease with the new terms, you may still be able to go to small claims court and argue that you had to sign it under duress due to being in the middle of moving, and having no other place to go because she waited until the very last possible minute to spring this on you. If you haven't signed the lease yet, you can ask to have the clause struck (draw a line through it), and have both parties initial the strike. -john- -- ==================================================================== John A. Weeks III 952-432-2708 john@johnweeks.com Newave Communications http://www.johnweeks.com ====================================================================
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[cc'd to previous poster; follow-ups in newsgroup suggested] It seems "Donald" wrote in misc.legal.moderated:
I leased a house in WV for 12 months starting June 1. Lease specified that owner would pay for water/trash/sewer. Upon arriving at house with moving van people, owner hands me another piece of paper ... which states that I will pay for water/trash/sewer.
[which would cost an estimated $50 a month] Tell her to get knotted. You have an agreement; she cannot legally make unilateral changes to it. In essence she is raising your rent by shifting her costs to you. The whole idea of a lease is that the owner agrees not to raise the rent for a certain period (a year in this case) and you agree to pay the rent for that period. She could negotiate with you to accept this change, on terms acceptable to you (such as reduced rent). But you have the right to refuse any changes. -- If you e-mail me from a fake address, your fingers will drop off. I am not a lawyer; this is not legal advice. When you read anything legal on the net, always verify it on your own, in light of your particular circumstances. You may also need to consult a lawyer. Stan Brown, Oak Road Systems, Cortland County, New York, USA http://OakRoadSystems.com
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In article <o0oa10du2nupsn37kqsm0grdf9f2m4bgis@4ax.com>, Donald <rsa_2@yahoo.com> wrote:
I leased a house in WV for 12 months starting June 1. Lease specified that owner would pay for water/trash/sewer. Upon arriving at house with moving van people, owner hands me another piece of paper. She says she is replacing page 1 of the lease agreement with a new page 1 which states that I will pay for water/trash/sewer. Lease amount is $875 per month with $875 deposit. The bill per month for water/trash/sewer is around $50. What is the proper legal method for dealing with this issue? Owner name will not be listed at this time.
If she can replace page 1 with a new page 1, then so can you. Hand her one which lowers your rent to $800 per month. Seth
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I leased a house in WV for 12 months starting June 1. Lease specified that owner would pay for water/trash/sewer. Upon arriving at house with moving van people, owner hands me another piece of paper. She says she is replacing page 1 of the lease agreement with a new page 1 which states that I will pay for water/trash/sewer. Lease amount is $875 per month with $875 deposit. The bill per month for water/trash/sewer is around $50. What is the proper legal method for dealing with this issue? Owner name will not be listed at this time.
Did you and the landlord both sign the original lease that says that the landlord pays for these utilities? If so, you have a binding agreement for the term of the lease.
The signatures were on page 4. My concern is that it might be her word against mine about which "page 1" was the original "page 1". I have a copy of the original four page lease stapled together. Donald
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