[RPPTL LandTen] Mistake on a lease

[Harry Heist]

I have a landlord client who has the monthly rent amount incorrect on the lease stating $987 which was actually the prorated rent for the partial first month.  The lease says prorated rent is $987 then goes on to say the monthly rent is $987.  The tenant paid the correct rent of $1500 for 10 months and just looked at the lease and now says he does not owe rent and wants a refund of his “overpayments”. 

 

Does anyone have any case law on mistakes such as this?  He has 2 more months left on the lease and is refusing to pay July rent. I will be filing an eviction and expect that he will bring up this error as a defense. In addition, I have some other documents indicating the correct rent of $1500 but nothing is signed.

 

Thanks,

 

Harry

 

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