Q: Can a landlord rescind a lease after it has been signed for months?
I tried to add my boyfriend to my apartment lease last year, but he was declined due to a past eviction. I received online paperwork to renew my lease a few months ago, and he was included on the lease. We both signed the paperwork and assumed they had approved him. I got a call TODAY that the lease was a mistake and that my boyfriend had "somehow" been added to the lease, but was not approved to do so. I asked if there was a way they could approve him to be on the lease and was told no because his eviction is not 5 years old. They said they would send me a new lease that would only include me as a tenant that I would need to resign. They have had the signed (by myself and my boyfriend) lease for months now, and this "mistake" seems highly unethical. Are they legally allowed to rescind the signed lease?
A: It all depends and I am assuming that the "new" lease was signed by both of you and by the landlord. If not signed by the landlord (electronically or otherwise), that may be a problem. The general rule is that a unilateral mistake of fact does not allow the rescission of the contract (lease). If there was a mutual mistake of fact, the contract can be rescinded by either party. So if you reasonably knew or should have known that the landlord was mistaken when they issued the new lease, and you let it go forth anyway or tried to "put one over" on the landlord, it likely can be rescinded. If not (and according to the facts posted, it would seem likely that you reasonably did not know the landlord was mistaken) and you went forth in good faith thinking the landlord had changed their mind or that enough time had now passed since the prior eviction as to allow your boyfriend to qualify, then the contract should stand and be enforceable as it is and they cannot force you to sign another one. If, however, you nevertheless agree to a new one without him on it, then you will likely be unable to go back to this one. If you have problems, consider reviewing it all in detail with a landlord-tenant attorney. He/she may be able to "persuade" the landlord of the error of his ways. If they actually try to evict you based on this, not only does it sound as if you likely have a winning defense but also the landlord would owe your court costs and your attorney's fees if you won. That is a risk they may not want to take. Best of luck.
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