Things That Are Bothering You, Got You All Hibbeldy-Jibbeldy, or just downright pissed, RIGHT NOW!

[beargonefishing]

Question for the lawyers:

Parties A and B agree on a contract. Party B is responsible for printing the contracts for signatures, but before printing them changes the contract without informing Party A. A doesn't catch the change and signs the contract.

Is A screwed? Or is there an argument that there wasn't a meeting of the minds because one party unilaterally changed the contract without informing the other party?

(This may or may not be related to my landlord situation.)

The answer to almost every legal question is "it depends." In your scenario you are likely stuck with the written terms. The rule is called the parol evidence rule.

 

[Omega Male]

Might there not be a claim for bad faith? I guess the issue would be proving the contract was covertly altered.

 

[beargonefishing]

Might there not be a claim for bad faith? I guess the issue would be proving the contract was covertly altered.

If it was altered after signing then yes, but it would be fraud.

 

[Omega Male]

If the amount at stake is under the limit in your state, take her to small claims court. That's basically always just "he said - she said" and the judge may find you sympathetic, especially if you have documented her serial negligence to this point.

 

[SixOhNine]

The answer to almost every legal question is "it depends."

That's a flashback to my first year of law school. One of the few things I actually learned...

 

[Van Veen]

If the amount at stake is under the limit in your state, take her to small claims court. That's basically always just "he said - she said" and the judge may find you sympathetic, especially if you have documented her serial negligence to this point.

Yeah this is the problem. The amount is kind of "not worth the hassle," but the "not worth its" are starting to add up.

 

[mhip]

Yeah this is the problem. The amount is kind of "not worth the hassle," but the "not worth its" are starting to add up.

As a landlord, and a frequent Judge Judy viewer, you are responsible for knowing what you sign. If you have signed copies that differ from theirs, then it's game on though.
Just don't say "actually" or "like" in court...
Those are throwaway words, sir.

 

[edinatlanta]

As a landlord, and a frequent Judge Judy viewer, you are responsible for knowing what you sign. If you have signed copies that differ from theirs, then it's game on though.
Just don't say "actually" or "like" in court...
Those are throwaway words, sir.

And don't scowl as much as the judge.

 

[edinatlanta]

"Vacation Misses You, Ed!"

Thanks, Marriott Bonvoy emails.

 

[imatlas]

 

[Van Veen]

As a landlord, and a frequent Judge Judy viewer, you are responsible for knowing what you sign. If you have signed copies that differ from theirs, then it's game on though.
Just don't say "actually" or "like" in court...
Those are throwaway words, sir.

Like, whatever.

There's another angle to attack this, though. There are certain non-waivable responsibilities landlords have, and I believe this might be one. Already called the AG office's help line, but the best they could say is "it sounds excessive, but we can't make that judgment."

The question is whether it's worth fighting at all.

 

[Van Veen]

Yeah, this is such a frustrating situation. What I want to do is send her a list of the repairs she needs to make but doesn't think she has to because the lease says we're responsible for "minor repairs" (once again, "duties of the landlord cannot be waived"). This is not trivial/petty ****, so if she refuses to make them, I call a housing inspector. I know this will trigger a fight that probably ends with me losing my security deposit, though. (I may be able to fight that in small claims court, but is it worth it?)

I know I'm right, but I don't know if it's worth the fight. It's annoying as hell how much horrible landlords can get away with just because it's not worth the effort fighting.

I just want to get out of here but I don't want to move twice, and I'm apprehensive about the housing market right now.

 

[HRoi]

Back when i lived in LA, my wife found some CA housing regs/dispute process where in essence, for certain significant issues (ours was roaches), you can withhold your rent payment in escrow until the landlord cured the condition. You could not be evicted for doing this. Don’t know if all states have that.

As an aside, our landlord was actually a relative (cousin’s husband) of hers. He was a world class ************* that ended up doing time and got killed after he got out of prison. I decided to hang out with him and his friends once and he got them all to run out and stick me with the bill as a sort of ‘hazing ritual for the young dude’. GRTPOS

 

[beargonefishing]

That's a flashback to my first year of law school. One of the few things I actually learned...

You also learned you were a douchebag.

 

[edinatlanta]

Back when i lived in LA, my wife found some CA housing regs/dispute process where in essence, for certain significant issues (ours was roaches), you can withhold your rent payment in escrow until the landlord cured the condition. You could not be evicted for doing this. Don’t know if all states have that.

As an aside, our landlord was actually a relative (cousin’s husband) of hers. He was a world class ************* that ended up doing time and got killed after he got out of prison. I decided to hang out with him and his friends once and he got them all to run out and stick me with the bill as a sort of ‘hazing ritual for the young dude’. GRTPOS

How much was the bill?