Can a landlord revise a renewal letter after one has already been given toa tenant?
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Can a landlord revise a renewal letter after one has already been given toa tenant?
I received a letter from my landlord stating certain renewal rates the would be good until my current lease expired. Now 2 weeks later, I received another letter that was a verbatim match to the original except that the rent was 28% higher. I asked the office about it and they said they first letter was sent out in error and that upon reviewing the competition in the area that the higher amounts were more appropriate. Do I have any legal rights to insist upon the terms of the original renewal letter? I did not sign a new lease for renewal yet.
Asked on February 24, 2011 under Real Estate Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lease is a contract between landlord and tenant. A valid contract requires an offer and acceptance. Since you had not signed the new lease with the terms of the first renewal letter, no contract existed. Therefore, the offer (terms in first renewal letter) could be revoked prior to your acceptance. Since there wasn't any existing contract (new lease on the terms of the first renewal letter), it does not appear that you would have any grounds for enforcing the terms of the first renewal letter. If you had signed a new lease based on the terms of the first renewal letter, you could argue that the terms of the first renewal letter were binding and you and the landlord would be subject to its terms.
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