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Apartment lease question (calling Pit lawyers)

I'll review the document on that point, but then practically what would be my options here? If I just don't give him the July rent that I disagree with he just keeps the deposit. He definitely knows what happened, as to whether it was intentional or not I may never know, but I tend to think it was. What is the mechanism for me to try to argue this? I'm thinking of contacting the real estate office that drafted the original in error, but don't really know what they can offer other than "oh I guess we fucked up on that first contract"
 
I think I speak for everyone here when I say that I am eagerly waiting on TAB's #hottake
 
CDeacMan said:
I'll review the document on that point, but then practically what would be my options here? If I just don't give him the July rent that I disagree with he just keeps the deposit. He definitely knows what happened, as to whether it was intentional or not I may never know, but I tend to think it was. What is the mechanism for me to try to argue this? I'm thinking of contacting the real estate office that drafted the original in error, but don't really know what they can offer other than "oh I guess we fucked up on that first contract"
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I think your options, in order of preference, are:

1. Find another tenant for them and hope they're cool with that.

2. Find someone who wants to sublet for the month left on your lease (probably tough to find in Charlottesville, and also your lease may have a prohibition on subletting). Or AirBNB it, or something like that to get some of the rent money back (this would obviously require leaving it furnished to some extent).

3. Realize you are partially responsible for this situation. Pay the extra month's rent and treat it as a teachable moment.

4. Don't pay the last month's rent. If he keeps the security deposit, then you can sue him for its return, which will require the court to interpret the lease to see if he was justified in keeping it. I think this is your only chance of getting a legal remedy, but it will probably not be worth the effort (I don't know how much the rent is) and there is still a decent chance you will lose.

I wouldn't just not pay the June rent, because if it ends up in court, the court could see it as you breaching before he did, which could kill any claim that you have. He won't be potentially breaching until he unjustifiably keeps the security deposit, so unless he tells you that he's going to do that, which might give you an anticipatory breach justification for withholding rent, if you stop paying rent before he gives you an indication that he will keep the deposit, then you are the one who breached.

Also having two months' rent in play makes it a lot more likely that he will take you to court or send it to collections or something like that.

Keep in mind that none of my advice is coming from someone with a law degree, and therefore you shouldn't treat it as such (although it is coming from someone who booked his Contracts class).
 
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In VA there is a method for paying the rent directly to the court so that you aren't in breach when you have a dispute with a landlord.

You would then bring an action in the General District Court by filing something. The website usually has those forms online.

Charlottesville judges are not friendly to people that don't pay rent even in disputes based on what I've witnessed.

Obviously none of this is legal advice.
 
Note CDeacman is like 6'3 240. If you can't talk your way out of this situation you're doing it wrong.
 
So I've lived at my current place for 7.5 years. When I moved in, it was with a guy. We had 3 cats together. We told the landlord (who is a property manager, not the owner) we had 3 cats. On the lease I wrote three cats and she crossed it out and wrote "1" and said that was just for the HOA. There was no pet deposit. In 2012, my landlord asked to do an inspection & she met my cats. That dude and I broke up and he left in 2013. I took him off the lease. My landlord sent someone to do an inspection 2 weeks ago and now they claim I illegally have 2 cats not in the lease and want a $450 pet deposit. I said, please go look at the original lease, you can see where it says 3 and it was crossed out and says 1 now. I *maybe* have a copy of the lease on my computer somewhere. My landlord has met my cats as has her handyman.

So PIT, did my landlord lose the lease? If I can't find a copy, what happens?
 
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3cat_zps54b3d56c.png
 
Your landlord is the property owner. The property manager is the property manager, who apparently handles the leasing as well. If the property manager is giving you a hard time about their shenanigans 7.5 years ago with misrepresenting the number of cats to the HOA, and presumably the property owner (landlord), then they have a problem with their client that you may be able to hang over their head, assuming you have a copy of the original lease and you're dealing with the same property manager. You might be able to negotiate a lower payment, pointing out that the property owner has been in violation of the HOA bylaws for 7.5 years either willingly or due to the misrepresentation of the property manager. Otherwise, you should suck it up and pay because they're going to give you a bad reference when you move if you don't.
 
I love that they're like "nope sorry we don't have the original lease."

That's a whole different issue for them.
 
Wakeforest22890 said:
I love that they're like "nope sorry we don't have the original lease."

That's a whole different issue for them.
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Last year they asked me to send them a copy of my key because they said they lost their copy. Then the HOA sent them new keys for our exterior door and instead of giving them to me, they lost those too. When I showed the HOA the stupidity I went through with them they just gave me a new copy for free.

What I am saying is, based on my experience, they probably lost it.

I specifically asked this morning if they no longer had a copy of the original lease and no response. Apparently the property manager is out of town until Thursday.
 
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The funny thing is they told me I would have to pay a deposit of $450 and sign an addendum to the lease.

What lease would that be? The one you don't have anymore?
 
You’re probably month to month at this point right? They can change terms with proper notice.
 
DistrictDeacon said:
You’re probably month to month at this point right? They can change terms with proper notice.
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No. Every year I sign an extension that says I am extending my lease that I signed on March 22, 2010. I have a copy of my extension. I don't have a copy of the original lease.
 
ITK said:
No. Every year I sign an extension that says I am extending my lease that I signed on March 22, 2010. I have a copy of my extension. I don't have a copy of the original lease.
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At this point it’s your word against theirs if no one can find a copy of the lease. But they can’t add new fees until your lease comes up for renewal. However, if the extra cats lead to an HOA fines, and the original lease said you were responsible for any fines incurred, you have to pay them.
 
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