St. Petersburg, FL asked in Contracts and Landlord - Tenant for Florida

Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+ PAGES" WITH *MY WRITTEN NOTES AND MY *LEGAL SIGNATURE]

I have a copy from PCHA file of the lease sent to them, I told PCHA, I did not sign.

Pros and CONS on this issue. follow-up on...

Thank you sincerely & humbled, Miss Margaret

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1 Lawyer Answer

A: The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by law to accept the lease without your handwritten notes. But, if you move into the premises before the landlord accepts your handwritten changes to the lease, there is a reasonable probability that the landlord will never accept your handwritten changes, and therefore, those handwritten changes will never become part of your agreement.

This situation is similar to a common legal problem called "the battle of the forms" where the parties generally agree on the important terms of a contract but exchange different forms with different details concerning the transaction. As long as no one "performs," either party is free to walk away from the transaction and not do the deal. But, once someone performs (i.e. you take possession of the premises or your landlord cashes your first month's rent), then a contract has most likely been created. Written terms that both parties agree upon become part of your contract. Terms on which there is a material difference may not become part of your contract, and the court might imply what is customary and usual under the circumstances. Particularly in your situation where you are making handwritten changes to what I'm inferring is a preprinted form lease agreement, I don't like your odds of being able to persuade a court that your handwritten changes are customary and usual under the circumstances.

Assuming you did not move into the premises, your best strategy is to refuse to move in until the landlord initials each of your handwritten changes and returns the complete signed lease agreement exactly as you want it to read to you.

You know your particular situation and level of bargaining power better than I do. Realize that a landlord can say "no," and decline to rent the premises to you under your proposed terms. Also realize that a landlord can choose not to have any further negotiations with an applicant, just like you can choose not to have any further negotiations with the landlord.

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