My lease renewal has an increase of $0. Should I sign?
May 5, 2019 9:50 AM Subscribe
A couple of months ago, I negotiated with a manager within the building about my lease renewal increase, originally proposed as 5%. I was told it would be decreased to 3%. I recently got the new lease to sign, and the increase is actually $0. Should I bring this to their attention?
As asked in my previous Ask, I was able to successfully negotiate my lease renewal down to 3%, as opposed to 5%. I was also told by the same manager that the lease would be sent my way in ~2 weeks for my signature. This did not happen for over a month. I followed up with the manager via email, with no response. As my current lease is due to expire in a short few days this week, I went to the office in person yesterday to ask another person (as the manager was not in at the time), and she was able to see the lease in the system. Apparently, there was some kind of glitch. She sent me the lease to sign via email, using BlueMoon’s online application.
In the lease, it shows the rent amount as the same for the next 12 months as the current/previous year, with no increase at all. It also shows the prorated amount the same amount as last year, so I think the lease wasn't actually edited yet. I asked the woman who I talked with about the prorated amount mentioned (via email) and she said she edited the lease and updated the rate, and to basically ignore the prorated amount due if I had paid it already last year/this month's rent. I haven’t signed anything yet.
Does anyone have experience with this kind of situation, especially with a corporate-owned building like mine? Should I go ahead and sign the lease, and take advantage of the (hopefully) same rent for another year, or bring it to their attention that the lease is incorrect? I’m a bit nervous, because: a) the manager and I had a conversation using the Notes application, due to my being deaf, so the “proof” is there, and b) in the follow-up email to him, which he did not respond to, I asked and mentioned specifically about the new rent amount and how it’d effect my next bill. This email was sent about two weeks ago. (The manager still works there -- I know this for a fact because I've seen him around in person.)
If I go ahead and sign the lease, would they be able to, down the road, charge me the higher amount retroactively, or some kind of other consequence, such as modifying the lease after I signed it, and sending me the new one with the increased amount? I don’t know if it would ethically be the right thing to sign the new lease if I knew there’d be an increase, and was told as such by the manager (even though it wasn’t official/in writing, other than the Notes application, which is equivalent to a hearing person having a verbal conversation). It is technically possible the office could’ve had a change of heart, deciding to not do increases at all across the board. I just don't know. The manager I talked with is the accounts manager, so if there ends up being an issue with the prorated amount due (which was for last year, but still is in this new lease to sign), he probably would notice the amount of rent being the same and "in error" (if it is), so that could be another hiccup.
I’m just not sure what to do. On one hand, it’d be nice to capitalize on a zero increase for another year based on their oversight/error/change of heart, but I don’t want any unpleasant surprises or a summons for the missing amount/difference down the road.
Your thoughts would be helpful, thanks!
As asked in my previous Ask, I was able to successfully negotiate my lease renewal down to 3%, as opposed to 5%. I was also told by the same manager that the lease would be sent my way in ~2 weeks for my signature. This did not happen for over a month. I followed up with the manager via email, with no response. As my current lease is due to expire in a short few days this week, I went to the office in person yesterday to ask another person (as the manager was not in at the time), and she was able to see the lease in the system. Apparently, there was some kind of glitch. She sent me the lease to sign via email, using BlueMoon’s online application.
In the lease, it shows the rent amount as the same for the next 12 months as the current/previous year, with no increase at all. It also shows the prorated amount the same amount as last year, so I think the lease wasn't actually edited yet. I asked the woman who I talked with about the prorated amount mentioned (via email) and she said she edited the lease and updated the rate, and to basically ignore the prorated amount due if I had paid it already last year/this month's rent. I haven’t signed anything yet.
Does anyone have experience with this kind of situation, especially with a corporate-owned building like mine? Should I go ahead and sign the lease, and take advantage of the (hopefully) same rent for another year, or bring it to their attention that the lease is incorrect? I’m a bit nervous, because: a) the manager and I had a conversation using the Notes application, due to my being deaf, so the “proof” is there, and b) in the follow-up email to him, which he did not respond to, I asked and mentioned specifically about the new rent amount and how it’d effect my next bill. This email was sent about two weeks ago. (The manager still works there -- I know this for a fact because I've seen him around in person.)
If I go ahead and sign the lease, would they be able to, down the road, charge me the higher amount retroactively, or some kind of other consequence, such as modifying the lease after I signed it, and sending me the new one with the increased amount? I don’t know if it would ethically be the right thing to sign the new lease if I knew there’d be an increase, and was told as such by the manager (even though it wasn’t official/in writing, other than the Notes application, which is equivalent to a hearing person having a verbal conversation). It is technically possible the office could’ve had a change of heart, deciding to not do increases at all across the board. I just don't know. The manager I talked with is the accounts manager, so if there ends up being an issue with the prorated amount due (which was for last year, but still is in this new lease to sign), he probably would notice the amount of rent being the same and "in error" (if it is), so that could be another hiccup.
I’m just not sure what to do. On one hand, it’d be nice to capitalize on a zero increase for another year based on their oversight/error/change of heart, but I don’t want any unpleasant surprises or a summons for the missing amount/difference down the road.
Your thoughts would be helpful, thanks!
Sign it as is, keep a copy, and move on.
You're not going to get a summons for this.
posted by fluttering hellfire at 9:58 AM on May 5, 2019 [4 favorites]
You're not going to get a summons for this.
posted by fluttering hellfire at 9:58 AM on May 5, 2019 [4 favorites]
Sign it. Make a copy. Send it back.
posted by Thorzdad at 9:58 AM on May 5, 2019 [4 favorites]
posted by Thorzdad at 9:58 AM on May 5, 2019 [4 favorites]
Sign it and be prepared to pay the increase if they ask (and don't accept their own lease as evidence of your agreement).
posted by masquesoporfavor at 10:17 AM on May 5, 2019 [5 favorites]
posted by masquesoporfavor at 10:17 AM on May 5, 2019 [5 favorites]
The surprise could be that they will not trust you, will jack next year's rent to compensate. It would be worth that risk to me. Make a copy, file it carefully.
posted by theora55 at 10:18 AM on May 5, 2019 [2 favorites]
posted by theora55 at 10:18 AM on May 5, 2019 [2 favorites]
I assume they signed it too? If so, I’d say that’s your rate. Even if not, they filled it out. Make sure you make copies. It is not your job to do their job.
posted by Gilgamesh's Chauffeur at 10:21 AM on May 5, 2019 [5 favorites]
posted by Gilgamesh's Chauffeur at 10:21 AM on May 5, 2019 [5 favorites]
Just in case, I'd keep the difference in savings until you are fairly confident on what the situation is.
posted by Fukiyama at 10:24 AM on May 5, 2019 [5 favorites]
posted by Fukiyama at 10:24 AM on May 5, 2019 [5 favorites]
If it's a corporate owned place, they're unlikely to go straight to litigation on a renter who has a history of paying on time over a missed 3% increase. It's more likely the rate goes up next year and they won't negotiate. Keep that in mind for next spring if you are considering staying, but don't bring it up that they missed this year's increase.
posted by fluttering hellfire at 10:25 AM on May 5, 2019 [1 favorite]
posted by fluttering hellfire at 10:25 AM on May 5, 2019 [1 favorite]
Response by poster: Sorry, I wasn’t completely clear. I definitely didn’t mean summons as in litigation, etc. It was just a fancy way of me saying they’d email or write me later on and say something to the effect of “hey, we realized we made a mistake with your lease for this year and didn’t increase as we said, can you pay us the difference for May-October (or whatever)?” Is there a chance that could happen?
Also, they haven’t signed the lease yet. Filled it out. It’s also electronically filled and signed, all online, but I’ll take sceeenshots.
posted by dubious_dude at 10:50 AM on May 5, 2019
Also, they haven’t signed the lease yet. Filled it out. It’s also electronically filled and signed, all online, but I’ll take sceeenshots.
posted by dubious_dude at 10:50 AM on May 5, 2019
I'd be very surprised if they could come to you after the fact and ask for more money.
posted by k8t at 11:00 AM on May 5, 2019 [3 favorites]
posted by k8t at 11:00 AM on May 5, 2019 [3 favorites]
There's also a chance a meteor hits the earth next week. Just sign it and don't initiate any increase related inquiries.
posted by fluttering hellfire at 11:05 AM on May 5, 2019
posted by fluttering hellfire at 11:05 AM on May 5, 2019
I'd be very surprised if they could come to you after the fact and ask for more money.
I am not a lawyer, etc. There is a concept called scrivener's error that allows for typographic errors in contracts to be corrected by oral evidence.
So they'd face an uphill battle, but it's not impossible, especially if every other unit is getting hit with 3%.
posted by flibbertigibbet at 11:11 AM on May 5, 2019
I am not a lawyer, etc. There is a concept called scrivener's error that allows for typographic errors in contracts to be corrected by oral evidence.
So they'd face an uphill battle, but it's not impossible, especially if every other unit is getting hit with 3%.
posted by flibbertigibbet at 11:11 AM on May 5, 2019
Like masquesoporfavor says, I'd make sure to save the difference instead of spending it. For the whole year, if possible. (Having a buffer like that in the face of future rent increases would be amazing.)
posted by trig at 11:15 AM on May 5, 2019 [7 favorites]
posted by trig at 11:15 AM on May 5, 2019 [7 favorites]
Ethically, I think there is a case to be made for explicitly asking the office if the amount is correct. If you feel like you are already did that, then I think it acceptable to sign and not keep asking.
Lots of people would say that it is OK to accept an error in your favor - maybe some would say this in all cases, some only when dealing with corporations or people known to be greedy or otherwise not likely to extend the same ethical behavior to you. Since you asked about the ethics, I just want to highlight the fact that you might have a different answer if the rental contract came from an individual or even a friend so if you would do it differently if for them, take a minute to think about why it is OK here and not in those cases. (Not telling you what to do but just highlighting the question.)
Also, if you do sign it, there is a good chance that someone in the rental office will catch it on their end and will come back to correct it before it takes effect. In this case, I think you need to view the contract as an unintentional error and agree to the original terms.
posted by metahawk at 9:06 PM on May 5, 2019 [2 favorites]
Lots of people would say that it is OK to accept an error in your favor - maybe some would say this in all cases, some only when dealing with corporations or people known to be greedy or otherwise not likely to extend the same ethical behavior to you. Since you asked about the ethics, I just want to highlight the fact that you might have a different answer if the rental contract came from an individual or even a friend so if you would do it differently if for them, take a minute to think about why it is OK here and not in those cases. (Not telling you what to do but just highlighting the question.)
Also, if you do sign it, there is a good chance that someone in the rental office will catch it on their end and will come back to correct it before it takes effect. In this case, I think you need to view the contract as an unintentional error and agree to the original terms.
posted by metahawk at 9:06 PM on May 5, 2019 [2 favorites]
Practical experience: We had something like this: the (corporate) landlord sent us an inconsistent lease which stated a period of 1 year and an end date two years in the future. Luckily, we had written communication with the realtor that we wanted and would receive a two-year lease, and it's a well-accepted legal principle that errors in contracts should be interpreted in the manner least favorable to the party that prepared the contract. They let us stay for the second year at the original rate, then hiked it to compensate. They did not find any under-handed ways to make us regret the situation during the second year.
Legal theory (not from a lawyer): If they counter-sign, then it's binding. In fact, the contract itself almost certainly has language indicating that it overrides any previous agreements, written or verbal.
posted by meaty shoe puppet at 9:26 PM on May 5, 2019
Legal theory (not from a lawyer): If they counter-sign, then it's binding. In fact, the contract itself almost certainly has language indicating that it overrides any previous agreements, written or verbal.
posted by meaty shoe puppet at 9:26 PM on May 5, 2019
I'd sign the lease and then send an email to the manager, mention you hadn't seen a response to your previous email, summarize what you'd been told by the person in the office, and ask if your current understanding of the most recent lease agreement you've now been given is correct, since it conflicts with what you've been told previously.
I'd do this for 2 reasons: a) being seen as an honest, trustworthy tenant is often useful down the road, even when dealing with a corporate landlord, and b) the peace of mind it would bring me when I knew I'd done the right thing and have documentation of that, in case the person I'd communicated with in the office that day was mistaken.
posted by mediareport at 3:56 AM on May 6, 2019 [2 favorites]
I'd do this for 2 reasons: a) being seen as an honest, trustworthy tenant is often useful down the road, even when dealing with a corporate landlord, and b) the peace of mind it would bring me when I knew I'd done the right thing and have documentation of that, in case the person I'd communicated with in the office that day was mistaken.
posted by mediareport at 3:56 AM on May 6, 2019 [2 favorites]
Response by poster: Update: After signing the lease on Sunday, I didn't hear back or get a signed version of the lease. As my 1-year lease had expired, the online system showed my rent with a substantial increase to the month-to-month price, so I went to the office in person to straighten things out. Seems they had caught the mistake. Sent me the updated lease with the right (increased) amount to sign. I did explain that the agent I talked with on Saturday said she had adjusted the rates, so I wasn't sure which was right, but signed it anyway. They said it wasn't my fault, and that they were a bit behind in sending and approving renewals. A bit disappointing, but at the same time, oddly a bit of a relief. At least now I'm getting what I originally agreed to. No such thing as a free lunch, I suppose. At least now I don't have to carry any guilt with me.
posted by dubious_dude at 5:49 PM on May 9, 2019 [1 favorite]
posted by dubious_dude at 5:49 PM on May 9, 2019 [1 favorite]
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