Empathy List Archives

HH

Harry Heist

Mon, Jul 6, 2015 4:13 PM

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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

RW

Roland Waller

Mon, Jul 6, 2015 4:24 PM

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@rdwaller.com

[cid:image001.jpg@01D0B7E6.47E9CC50]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@evict.com mailto:harry@evict.com
[cid:image002.png@01D0B7E6.47E9CC50]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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@rdwaller.com [cid:image001.jpg@01D0B7E6.47E9CC50] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@evict.com<mailto:harry@evict.com> [cid:image002.png@01D0B7E6.47E9CC50]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

MF

Manuel Farach

Mon, Jul 6, 2015 5:08 PM

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@rdwaller.com mailto:roland.waller@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@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0B7E6.47E9CC50]

[cid:image1e3666.GIF@850c1f74.44859a05]

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@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@evict.com mailto:harry@evict.com
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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http://mailman.fsr.com/mailman/listinfo/landten

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@rdwaller.com<mailto:roland.waller@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@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0B7E6.47E9CC50] ________________________________ [cid:image1e3666.GIF@850c1f74.44859a05] 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@richmangreer.com V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@evict.com<mailto:harry@evict.com> <image002.png><https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

RW

Roland Waller

Mon, Jul 6, 2015 7:56 PM

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@rdwaller.com

[cid:image002.jpg@01D0B803.F0E73000]

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@rdwaller.com mailto:roland.waller@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@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image003.jpg@01D0B803.F0E73000]

[cid:image004.gif@01D0B803.F0E73000]

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@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@evict.com mailto:harry@evict.com
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

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@rdwaller.com [cid:image002.jpg@01D0B803.F0E73000] From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@rdwaller.com<mailto:roland.waller@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@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image003.jpg@01D0B803.F0E73000] ________________________________ [cid:image004.gif@01D0B803.F0E73000] 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@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@evict.com<mailto:harry@evict.com> <image002.png><https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

MF

Manuel Farach

Mon, Jul 6, 2015 8:13 PM

Correct; this certainly seems like a mutual mistake

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller
Sent: Monday, July 6, 2015 3:57 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mistake on a lease

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@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0B806.AA6D78C0]

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@rdwaller.com mailto:roland.waller@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@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image001.jpg@01D0B806.AA6D78C0]

[cid:image002.gif@01D0B806.AA6D78C0]

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@richmangreer.com mailto:MFarach@richmangreer.com
V-cardhttp://richmangreer.com/uploads/vcards/VcardFarach.vcf

www.RichmanGreer.com http://www.RichmanGreer.com

U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.

Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@evict.com mailto:harry@evict.com
<image002.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

landten mailing list
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Correct; this certainly seems like a mutual mistake From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Roland Waller Sent: Monday, July 6, 2015 3:57 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mistake on a lease 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@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0B806.AA6D78C0] From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@rdwaller.com<mailto:roland.waller@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@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image001.jpg@01D0B806.AA6D78C0] ________________________________ [cid:image002.gif@01D0B806.AA6D78C0] 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@richmangreer.com<mailto:MFarach@richmangreer.com> V-card<http://richmangreer.com/uploads/vcards/VcardFarach.vcf> www.RichmanGreer.com<http://www.RichmanGreer.com> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@evict.com<mailto:harry@evict.com> <image002.png><https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten