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House Lease Issue



"Donald"
1/26/2004 1:49:37 PM


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
 
 
"John A. Weeks III"
1/28/2004 9:01:34 AM


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
====================================================================
 
 
Stan Brown
1/28/2004 9:01:54 AM


[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
 
 
sethb@panix.com (Seth Breidbart)
1/30/2004 11:34:37 AM


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
 
 
"Donald"
2/2/2004 8:42:21 AM


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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