[RPPTL LandTen] Mistake on a lease

[Roland Waller]

You need to file an action for Reformation.


Thank You,
Roland "Chip" Waller, Esquire
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: 727-847-2288 / Fax: 727-848-4183
Roland.Waller at rdwaller.com




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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, July 06, 2015 12:14 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Mistake on a lease

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

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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