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Lessor made error in total rent amount due on lease now suing for nonpayment of rent.

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NoSoliciting

Junior Member
Lessor made error in total rent amount due on lease threatening to sue for nonpayment

What is the name of your state? Missouri

Summary: Lessor created lease that states we must pay a total rent of $6,560 ($7,560 - $1,000 concession) over a 13 month term. We have done that and the lease has since ended (April 30, 2005). We gave 30 days notice, paid the total rent due before April 1, 2005, and mailed the keys to the Office (DHL so we have confirmation of receipt). We also mailed a letter to them stating that the total rent of $6,560 was paid in full and that they acknowledged that and included copies of the Lease and Rent Addendum (excerpted below). They responded with a letter from their lawyer also quoted below.

The Lessor is now stating that because the lease was for 13 months the rent should have been $8,190 (630 x 13) not $7,560 (630 x 12). They admit that it was a mathematical error on their part, however they are now threatening to sue us because we didn't pay the total rent of $7,190 ($8,190 - $1,000 concession) despite the fact that they created and signed the lease with the $7,560 - $1,000 amounts.

Nowhere in the lease does it state the amount $8,190. We paid the full $6,560 and the Lessor has admitted that we paid that full amount.

Questions:

1. Are we liable for the additional $630 they are stating that we owe them even though it was their error and though the lease states a different amount?

2. What recourse do we have legally now that they have threatened to sue us regarding this alleged "non-payment of rent"? The letter from the complex's lawyer is as follows:


I represent ______ Apartments and am in receipt of your most recent correspondence of April 22, 2005. I have been asked to write this response letter to you. It is clear in reviewing the lease there was a human error made in calculating the monthly rent that was due and owing. The testimony at trial, if suit were brought, would show it has been the history of _____ Apartments that tenants are charged rent for each month they occupy their apartment. In this particular case, the leasing consultant mistakenly calculated 12 months of rent for a 13 month lease. Our testimony would show this was not the agrement [sic] nor has there ever been any historical documentation supporting such an agreement. My client is entitled to receive the rent for the amount of time Mr. ____ utilized the apartment. If necessary we will bring the appropriate action and have the judge decide.

Please note there is a provision in the lease for West Point Apartment's attorney's fees of which we will seek at that time. I would ask, to avoid this, please remit payment for the time Mr. ____ utilized the apartment.

Note: I have looked up Missouri Tennant Law and was not able to find anything regarding lease errors and how they are dealt with. We sent the office a letter with a copy of the lease and highlighted the portions shown below, we reiterated that we have indeed paid the total amount of rent due and that we have upheld our end of the contract. They have admitted that it was their error however they are demanding an additional $630.

In my company, after a client has paid their bill I can't go back to them and state "I made a mathematical error, you owe me $X more." If I made the error I am responsible for that error and the consequences thereof. Does real estate law work differently than that?

The Lease states:

“ Lessee covenants and agrees to pay, in advance, without demand, and subject to the provisions of law, without reduction, setoff or counterclaim, the total rent of Seven Thousand Five Hundred Sixty & 00/100 Dollars ($7,560.00) payable in monthly installments of Six Hundred Thirty & 00/100 Dollars ($630.00*) on the 1st day of each month during the term hereof.

* Resident will receive a $1,000 concession in their account to be used over the term of this lease only. Any unused concession will be forfeited at the end of this lease term. ”​

The Rent Addendum states:

“ WHEREAS, the Lease provides that Lessee shall pay total Rent of $7,560.00, payable in monthly installments of $630.00 per month, such payment to be due and payable on or before the first day of each month during the Leasehold Term and accordance with the provisions of Section One (1) of the Lease; and

WHEREAS, it is the intention of Lessor to defer Lessee’s Rent (herein called “Deferred Rent”) during the Leasehold Term contingent on the following conditions:

1. SCHEDULED DEFERMENT OF RENT. Lessor agrees to conditionally defer, and Lessee agrees to pay, the reduced Rent to Lessor on or before the first day of the month in accordance with the provisions of Section One (1) of the Lease in such amounts as set forth above. Lessee will receive $1,000.00 off the rent for the term of this lease dated April 1, 2004 to April 30, 2005 as long as Lessee completely fulfills the terms and conditions of this lease. ”​
 
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