San Antonio, TX asked in Real Estate Law for Texas

Q: Is a residential lease with an error in my favor enforceable?

I applied to live at an apartment complex. My application was approved and I was told I’d have to pay 1 months rent as adeposit. However, when the lease was typed the deposit was put in at a lower amount. Both parties have signed and I’ve moved in to the complex. Can they force me to sign a new lease and pay the additional deposit, or can I force them to use the lease which both parties signed and agreed to.

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1 Lawyer Answer
Kate Thorne
Kate Thorne
  • Beaumont, TX
  • Licensed in Texas

A: It depends. You should contact a local attorney and have them review all lease provisions, specifically provisions relating to alterations or modifications. Typically they would not be able to force you to sign a new lease for the current lease term, but they may be able to modify the existing lease depending on the terms of the agreement or exercise their right (if any) granted under the agreement to terminate the lease agreement.

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