Contract Question - Assistance Please!!!

[sfergnel]

Sometime during the last year, the apt complex where I live merged with another. My lease just came up for renewal, and on reading the new lease, the following was included:

This Apartment Rental contract is made by and between the Owner of the community (the "Owner") by and through Camden Development, Inc., as Owner's managing agent only and not as principal, and the Residents identified on page 1 ("Resident", whether one or more) upon the terms and conditions stated herein.

32. Parking. Resident shall comply with all rules and regulations pertaining to parking in the State Addendum and Community Policies in addition to the following:

a. General Guidelines. .... Vehicles that have expired inspection stickers or license tags or are inoperable are subject to being towed at the vehicle owner's expense according to applicable law. ... Neither Owner nor Owner's management personnel shall be liable for any damages or costs arising out of any claims, loss, damage or liagility from towing unathorized vehicles from the Community. Resident hereby indemnifies and holds harmless the Owner, the Owner's managing agent as well as their respective officers, emloyees, agents, successors and assigns from and against all damages, loss, or liability (including attorney's fees and court costs) arising out of tor connected with the towing of unathorized vehicles owned or operated by Resident, Occupants of the Apartment Home or their respective guest or invitees (including vendor) from the Community.

36.Disclosure of Information. Resident hereby authorizes Owner to disclose information, upon request, relating to Resident's occupancy or other information in Resident's lease file for law-enforcement, governmental or business related purposes.

37.Verbal Reresentations and Waiver. Neither Owner nor any of Owner's representatives have made any oral promises, representations, or agreements. This Lease is the entire agreement between Resident and Owner. Owner's resentatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease or any part of it, unless in writing, and have no authority to make promises, representations, or agreements that impose duties (including duties related to security issues) or other obligations on Owner or Owner's representatives unless in writing. The failure by Owner or Owner's managing agent to enforce any terms of this Lease shall not constitute a waiver by Owner or Owner's managing agent of the right to enforce the terms of the Lease at any subsequent time. The accceptance of Rent due after any default shall not be construed to waive any right of Owner or affect any notice given or legal action commenced.

41.Signatures Required to Bind Parties.Resident acknowledges that: (1) Resident and Owner's leasing representatives have reviewed this Lease (including all addenda to this Lease; (2) Owner's leasing representative, as "Owner's Agent" and Resident have initialed each page of this Lease and selected provisions where indicated; and (3) Resident has agreed to the terms, covenants and conditions provided in this Lease and signed the page of this Lease on which the Resident's signature blank appears. To the extent allowed by applicable law and not withstanding the initials provided by the respective parties and Resident's signature, Resident further acknowledges that this Lease shall only be binding upon Owner for a period of 30 days from the Contract Date identified in page 1 of this Lease unless the community manager for the Community has signed this Lease on behalf of Camden Development, Inc, as agent, not as principal for the Owner where indicated in the end of this Lease. At the time the community manager signes the lease, it becomes binding upon both parties for the full term of the Lease. In the event that the community manager objects to any terms, covenants or conditions provided in this Lease, Resident will be so notified within 30 days from the Contract Date unless the Resident agrees with the revised terms, covenants or conditions. In the event that the community manager neither signs this Lease where indicated or objects to any terms, covenants or conditions of this Lease within 30 days from the Contract Date, this Lease shall, nonetheless be binding upon Owner and Resident as if the community manager has signed the Lease without objection.

I have had the new lease for about 3 weeks. After reading it, I determined that it was more advantageous for me to wait until the last minute to actually sign and submit the lease.

Why? I amended 2 sections of this lease. (32) where it says that vehicles will be towed with expired inspection stickers or tags (my private automobile is unregistered), and (36) all of Disclosure of Information (NOT WITHOUT MY CONSENT YOU WON'T).

My lease expired on April 19. I went into the office and handed my signed lease to one of the employees in the office. She proceeded to sign the lease. When I requested a copy, she said that the Manager would have to review it. I said OK and left.

Upon returning home, I received a call from the Complex manager saying that she could not accept the lease with my changes.

I told her that she could not make that determination because the wording of the lease did not give her that authority. She said that she would print up another lease and leave it at my door. She said that I could alter the new lease, and she would give it to her District manager for review. She left the new lease at my door, and I have not signed it and/or turned it in.

2 days later, I went into the office (manager was not there), and requested a copy of my signed lease. I was told that the original signed lease has been torn up and discarded.

My question to you on this forum (mind you I am not asking for legal advice) --

Was I right? She is only a go-between.

Should the original have been binding? It was not signed by the manager, but signed nonetheless.

Where do I go from here? Do I look for another place before the 30 days are up?

Do I fight that she had no right or authority to destroy the original signed contract?

I need you guys help!!!

sfergnel

[powder]

She signed it. Period. That makes it binding. However there is a 72 hour window to recsind.

Some of the other elements of contract law (meeting of the minds, full disclosure) sound like they have not been met yet. Rendering the contract unconscionable.. (void).

My initial thoughts are to sit down and discuss your changes with the area or district manager and advise them of the terms you are willing to agree to. if they are not willing then DO NOT SIGN.

I believe each lease has an automatic roll over into a month to month agreement.

[sfergnel]

Originally Posted by Powder

She signed it. Period. That makes it binding. However there is a 72 hour window to recsind. ... I believe each lease has an automatic roll over into a month to month agreement.

Thanks Powder. I appreciate the comments.

But the rub is: based on the wording of the lease, she had NO AUTHORITY to destroy the original lease. The first paragraph explains in no uncertain terms, that the complex management is managing agent only, and not principal.

The lease was signed and I agree that it should be binding. But as we know, the masses only do what they are taught and told (I doubt that any of them have even read and understand each clause of the lease), and regardless of my objections, I'm perceived as wrong, or trying to obtain concessions which are not offerred to the other "Residents".

I submitted a lease prior to the end date of my current lease, and as far as I'm concerned, I have a lease. I should not incur the $150 penalty for month-to-month, and I will refuse to pay it. I believe the ball is now in their court. I have 30 days from the 20th (whether or not I submit the replacement lease) to receive, from the "Owner", a written statement as to yea or nay on my changes to the lease.

Comments from others on the forum?

[weishaupt1776]

You have to set up some form of a cause of action to where you are showing irreparable injury done to you.
You have to find a way to show distinct and palpable injuries, not just the mere hypothetical.

Next, you need to prove that the rental girl breached a duty by tearing up that contract which was originally sealed.

Compose a letter to the district manager outlining the damages you could be receiving as a result of that girl stepping outside the bounds of her authority and tearing up a valid contract. Demonstrate that the contract was valid in your letter.

If you show that you could have a good cause of action up the road if they decide to proceed, they might just let it fly. Don't get vexatious in the letter, but make it cut like a laser

Make an affidavit of all the facts that happened.
Don't put any law in the affidavit

Put some negative avertments in there

Affiant has not seen or been presented with any material fact or evidence that "rental girl" has authority to cancel contracts for xxxxCo. and believes that none exists

Always Registered Mail.

If possible, use a third party to mail your documentation.

Make SURE you get on record (mail) that the manager tore up your signed lease.

Novation is the word you are looking for.

Simply alter the contract to your liking, and then sign it.

Or, Use the disclaimers I always use:

No Liability Assumed,
No Value Assured
Without Recourse,

True Name d/b/a/ Whatever Legal Name they have for you.

Or, you could be like another member here, and just sign "Heeeeaaaahhh!"

Henry Franklin

[charlesa6]

If you follow step by step, Weis describe in this thread, you will do just fine. Well inform, and precisely.

Yeah, just disregard my post with suggestions in it. I am surely not experienced at all in how to deal with things like this, or challenges from the beast. ;)

Yep, Yes indeedeee.

Henry Franklin

[charlesa6]

Originally Posted by HenryBowman

Yeah, just disregard my post with suggestions in it. I am surely not experienced at all in how to deal with things like this, or challenges from the beast. ;)

Yep, Yes indeedeee.

Henry Franklin

That is a good one. Hurray!!

[B Rookard]

Originally Posted by sfergnel

Sometime during the last year, the apt complex where I live merged with another. My lease just came up for renewal, and on reading the new lease, the following was included:



I have had the new lease for about 3 weeks. After reading it, I determined that it was more advantageous for me to wait until the last minute to actually sign and submit the lease.

Why? I amended 2 sections of this lease. (32) where it says that vehicles will be towed with expired inspection stickers or tags (my private automobile is unregistered), and (36) all of Disclosure of Information (NOT WITHOUT MY CONSENT YOU WON'T).

My lease expired on April 19. I went into the office and handed my signed lease to one of the employees in the office. She proceeded to sign the lease. When I requested a copy, she said that the Manager would have to review it. I said OK and left.

Upon returning home, I received a call from the Complex manager saying that she could not accept the lease with my changes.

I told her that she could not make that determination because the wording of the lease did not give her that authority. She said that she would print up another lease and leave it at my door. She said that I could alter the new lease, and she would give it to her District manager for review. She left the new lease at my door, and I have not signed it and/or turned it in.

2 days later, I went into the office (manager was not there), and requested a copy of my signed lease. I was told that the original signed lease has been torn up and discarded.

My question to you on this forum (mind you I am not asking for legal advice) --

Was I right? She is only a go-between.

Should the original have been binding? It was not signed by the manager, but signed nonetheless.

Where do I go from here? Do I look for another place before the 30 days are up?

Do I fight that she had no right or authority to destroy the original signed contract?

I need you guys help!!!

sfergnel

Your problem here is whether there was even a contract in the first place.

At common law, in order to accept an offer you must agree to the contract language as proposed by the offeror. This is what is known as the mirror image rule.

Your alteration of the contract language, under common law, amounts to an actual rejection of the proposed contract, and a counteroffer on your part. The original offer of the lease agent is dead.

Therefore, if there is a contract depends on whether there was acceptance on part of the owners/manager.

The problem here is whether or not the signing by the manager / leasing agent is an "acceptance" of your proposed terms. I'm willing to bet that you did not point out the changes to her (which is why she called just as soon as you got back).

And that is the whole issue now - was your counteroffer accepted.

She signed it, and of course, it was her responsibility to read the document (alterations or not). The fact that she ripped it up afterwards is not the problem, because she signed it. She objectively manifested her assent by signing.

However, you made alterations and didn't tell her about it, and a court will have trouble with that part of the story.

It's a really close call, and a very interesting problem.

[RickA]

Your problem here is whether there was even a contract in the first place.

The new owner(s) of the complex did write a new contract, if they hadn't, they wouldn't have made the effort to send it to him to be signed.

With that set, sfergnel made proposals to the contract to his personal liking.

The woman did tear or, discard the contract, but did/does she have proper authority to sign and make it lawful.....I don't know in this specific case.

However, you made alterations and didn't tell her about it, and a court will have trouble with that part of the story.


If the woman does not have authority to sign and make it a lawful contract, sfergnel's, as you say, alterations won't have any bearing because the proper authority did not see it, and if she didn't/doesn't have that authority then, she failed her responsibility, not sfergnel. Also, whats good for the goose is good for the gander, in that had sfergnel not taken the time to read the new contract and signed it then, tried to propose a contract to his liking, the/a judge would have told him that was now his problem so, if this woman did have the or, some authority with her signature then, it would not only be her problem, but the problem of the owner of the complex.