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Contract Advice Needed

Discussion in 'Legal & Political Archive' started by cbzdel, Apr 28, 2010.

  1. cbzdel

    cbzdel Tacoma, WA Member

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    I moved into an apartment complex back in November 09' I just recent purchased a house and am finally cutting ties with my apartment complex. I was using it as extra storage while moving and such so I didnt have to move asap because I have been very busy lately.. besides the point lol...

    So my problem is when I moved in they offered me 1 month free which would save me $890, or they offered to divide it by 12 and lower my monthly payments by $75 (give or take a few) a month. I said lower my payments. So I have kept the lease for 6 months and totaling up what it has save me is $445.02. Now I am filling out the paperwork to terminate the lease and they are telling me that I owe them $890 for the free concession that they gave me. I am thinking "BULL-S" so I break out my lease and start to read it and find the 1 and only part related to the rent concession.

    How do you understand this?

    2ilj9f9.jpg

    The way I understand it is you pay what has been "extend" to you. I have had only $445.02 extended even though $890 has been offered. If I am reading it wrong and just not understanding it wrong then fine I will pay them but to me its.

    Advice guys?

    2ilj9f9.jpg
     
  2. ZachS

    ZachS Eugene/PDX Active Member

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    If you broke a 12 month lease, you probably "breached [one] of the terms of the rental agreement.' If that's the case, you owe them what you've received under the Concession Addendum, but no more.

    (The fact that they didn't pay you the full $890 does not let you off scot free any more than the fact that you only got half the money lets them get off scot free.)


    Of course, it would be good to have written evidence of this change, but it's not strictly necessary, because your rent checks will prove that they accepted a smaller rental amount - and you can likely prove that you made a full rent payment for November of 2009...

    All this assumes that this aspect of landlord-tenant relations is governed by generic contract law in WA...
     
  3. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    The way I read it is they conceded the whole amount to you and I see no terms for repayment of any of the money in what you have posted.

    My advice is worth exactly what you paid for it but I don't see wording that say's you own anything so long as you didn't breech the terms of this mentioned rental agreement.

    So the question is did you breach the rental agreement?
     
  4. cbzdel

    cbzdel Tacoma, WA Member

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    Yes I did breech the rental agreement, I am terminating the account 6 months before the contract expires.

    Note-This is the only sheet that even mentions the concession, all other sheets mention a $1290 fee for early termination which I agree to pay.

    I just think of my credit card agreement, it says I have been extended a $10,000 line of credit but I dont pay them unless I have actually used it..

    Like I said if I owe it I owe it, I just want to be clear this says before I give them money one way or another.
     
  5. ZachS

    ZachS Eugene/PDX Active Member

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    You most likely owe what they actually gave you and no more. You should see what the person in charge has to say when you explain why. (The why is "you never paid me $890, so I don't owe you $890.)

    If they refuse to accept that, you'll have to chose whether to seek legal advice, pay up, or pay what you believe you owe and see what happens.

    I don't know the actual laws that apply to your situation, and I could be completely off-base here - so take this advice for what it's worth (nothing).