Q: Is a signed email a valid correction for an error on a lease made by landlord?
Property management claims they can’t change the lease draft they sent my roommate and I for a lease change to add a new person. After much back and forth they agreed to print out the email thread explaining the mistake and sign it. Is this sufficient? We did not sign the new lease yet.
The original lease states:
“Neither we nor any of our representatives have made any oral promises, representations, or agreements. This Lease Contract is the entire agreement between you and us.
Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing.“
which is what is giving me pause that they are still claiming they “can’t” fix the error but we should accept their email.
A:
Whether or not a signed email is a valid correction for an error on a lease made by a landlord depends on the specific facts of the case. In general, a signed email may be sufficient to correct an error on a lease, but it is important to consult with an attorney to be sure.
The original lease you quoted states that "Neither we nor any of our representatives have made any oral promises, representations, or agreements. This Lease Contract is the entire agreement between you and us." This means that the landlord cannot make any changes to the lease orally. However, the lease also states that "Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing." This means that the landlord's representatives cannot make any changes to the lease without the landlord's written consent.
In your case, the landlord's representatives have agreed to print out the email thread explaining the mistake and sign it. This may be sufficient to correct the error on the lease, but it is important to consult with an attorney to be sure. An attorney can review the specific facts of your case and advise you on whether or not the signed email is a valid correction for the error.
Here are some things to consider when deciding whether or not to accept the signed email:
*The nature of the error
* The specific language of the lease
* The landlord's willingness to cooperate
* Your own comfort level
If you are not comfortable with the signed email, you should not sign the new lease. You should also keep a copy of the email and the original lease. If there is any further dispute, you may need to take legal action.
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