Announcement

Collapse
No announcement yet.

Can I get out of this contract? (townhouse in Virginia)

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can I get out of this contract? (townhouse in Virginia)

    Hello,

    I live in a 3 bedroom townhouse in the State of Virginia with two tenants. Our one year-lease ended on January 31st. At this time, one of the tenants decided to move out, another tenant moved in to take his spot. Our original move-in one year lease was signed in January 2011, then we signed a one-year extension addendum in December 2012. I've never met the landlord because she lives out of the country but her accountant takes care of all of the contracts for her.

    He arrived the week before our one-year lease ended to have myself, the other renewing tenant, and the third new tenant sign a one year adendum to continue our lease. Unfortunatly, we made a mistake. The accountant was in a rush to come and go, and at first glance the adendum looked like a simple renewal with the dates. However, what I missed in the writing was that the rent per person had been increased. We had not previously had any communication with the accountant or landlord about an increased rent and the new tenant was only aware of the previous monthly rental price.

    We recently received a notice from the accountant that our monthly payment was short which brought all of this to our attention. Below is the writing of the adendum:

    Reference is made to a certain agreement by and between the undersigned parties, said agreement being dated 12/20/2012.

    BE IT KNOWN that for good consideration the parties make the following additions or changes a part of said contract as if it contained therein: effective February 1, 2013 through January 31, 2014 the monthly rental installments will be $X,XXX each (with the 1st $X,XXX each) due February 1, 2012, no later than the 5th of each month. The new shall reimburse XXX his one month deposit in the amount of $X,XXX, provided there are no repair costs required other than for normal wear and tear.

    All other terms and provisions of said contract shall remain in full force and effect.

    Signed no later than 26th day of January, 2013.

    In presence of
    Tentant 1 Signature
    Tenant 2 Signature
    Tenant 3 Signature
    Accountant Signature
    Landlord Signature



    A few things to note here...
    -The first February payment date is incorrect because it says 2012 instead of 2013
    -The amount it says the new tenant is the correct amount it says he owes the old tenant. The old tenant paid a smaller deposit, yet it says the new tenant is supposed to pay in the amount of one month's current rent price.
    -The new tenant has not been given/nor seen a copy of the original contract from two years ago.



    We obviously made a huge mistake here but are they any options for us or are we locked into this new rate?

  • #2
    re: Can I get out of this contract? (townhouse in Virginia)

    If you signed it, yes,you are locked in to the new rate plus whatever other language is in the contract.

    It is imperative to carefully read and understand anything you are expected to sign. That goes for all parties to the contract.

    Comment


    • #3
      re: Can I get out of this contract? (townhouse in Virginia)

      If I request the accountant to rewrite the adendum with the correct date and deposit value for us to sign and he agrees, will this void the original?

      Comment


      • #4
        re: Can I get out of this contract? (townhouse in Virginia)

        It will replace it. Accountants are not accustomed to nor trained to drafting legal documents, particularly agreements regarding real estate. It would be best if a real estate lawyer drafted it.

        But if you anticipate two addendums being out there,the second one should state that it replaces and supercedes the addendum of X date.

        Comment


        • #5
          re: Can I get out of this contract? (townhouse in Virginia)

          Unfortunatly, it is not up to me and it is the landlord's decision of who she hires to draft this document, which I'm sure is why there are errors in it.

          I'm guessing that I email them and request them to redraft it, and they agree, it will void the original. And then If I do not agree to the terms on the newly drafted addendum, then I can choose not to sign it and move on?

          Comment


          • #6
            re: Can I get out of this contract? (townhouse in Virginia)

            No.

            Gail

            Comment


            • #7
              re: Can I get out of this contract? (townhouse in Virginia)

              Originally posted by sk24iam View Post
              If I request the accountant to rewrite the adendum with the correct date and deposit value for us to sign and he agrees, will this void the original?
              Originally posted by sk24iam View Post
              Unfortunatly, it is not up to me and it is the landlord's decision of who she hires to draft this document, which I'm sure is why there are errors in it.

              I'm guessing that I email them and request them to redraft it, and they agree, it will void the original. And then If I do not agree to the terms on the newly drafted addendum, then I can choose not to sign it and move on?
              Sure, you could do that. And then the LL can just refuse to void the original contract you signed and that will be that.

              Bottom line here is that you failed to read the renewal documents before signing. That mistake is what is going to bind you to the renewal.

              I suggest that you stop looking for a way to get out of or around this and just pay your rent.
              "If it ain't in writing, it never happened."
              "A lack of planning on your part does not constitute an emergency on my part."
              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

              Comment


              • #8
                re: Can I get out of this contract? (townhouse in Virginia)

                Originally posted by sandyclaus View Post
                Sure, you could do that. And then the LL can just refuse to void the original contract you signed and that will be that.

                Bottom line here is that you failed to read the renewal documents before signing. That mistake is what is going to bind you to the renewal.

                I suggest that you stop looking for a way to get out of or around this and just pay your rent.
                Rent has already been paid, thanks. This is just research.

                Comment


                • #9
                  re: Can I get out of this contract? (townhouse in Virginia)

                  Originally posted by sk24iam View Post
                  Rent has already been paid, thanks. This is just research.
                  Then for future reference, pay the rent owed and stop looking for ways to get out of or around the rent increase you agreed to by signing the addendum.
                  "If it ain't in writing, it never happened."
                  "A lack of planning on your part does not constitute an emergency on my part."
                  "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                  Comment

                  Previously entered content was automatically saved. Restore or Discard.
                  Auto-Saved
                  Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                  x
                  Insert: Thumbnail Small Medium Large Fullsize Remove  
                  x

                  Do cats say meow or mooo?... (write the answer twice with an "@" between the words)

                  widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                  Working...
                  X