[RPPTL LandTen] Mistake on a lease

[Roland Waller]

The conduct will support your allegations of mistake.


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 Manuel Farach
Sent: Monday, July 06, 2015 1:08 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mistake on a lease

I agree with Chip; you also need to find the case law on modification of contracts by conduct

Sent from my iPhone

On Jul 6, 2015, at 12:30 PM, Roland Waller <roland.waller at rdwaller.com<mailto:roland.waller at rdwaller.com>> wrote:
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<mailto:Roland.Waller at rdwaller.com>




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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>
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www.RichmanGreer.com<http://www.RichmanGreer.com>

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From: landten-bounces at lists.flabarrpptl.org<mailto: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
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"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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