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year lease not fully signed (Real Estate & Property Law)

Mon, 29 Sep 2008 23:30:00 GMT

What is the name of your state (only U.S. law)? -Tennessee, Memphis
Number of months living in apartment: 23 months
Recently weve been notified that we have never signed a renewal on our year lease.
It is true we initially didn't sign the new lease at the beginning of the new renewal date but we kept sending checks each month for the amount owed as if we had. With no initial indication that the amount we were paying was incorrect. 6 months go by and we receive a notice asking us to sign the lease (we were told we received 3 notices in total I argue 2). My wife goes in and signs the new lease, (I distinctively remember going in the next day with my wife and signing together, but there is no record or proof so they claim.)
We continue paying our original amount each month without ever a notice until 4 days before the last 30 days of our 3rd lease renewal deadline. The notice states we owe back payments for every month of the 12 month period which is 170 a month.
Here is what we have:
-Proof that my wife did in fact sign the lease even though I did not.
-statements that show each check for the amount required were cashed.
-proof that we only received 2 of the 3 notices that were sent out.
We were positive we had signed a full year's lease; we had made payments with no incentive on the Landlord that our payments were late or incorrect. 170 dollars a month difference is a heck of a huge oversight.
who is in the right? who is in the wrong? If they came after us legally? Would we have a fighting chance?What is the name of your state (only U.S. law)?

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  • Tue, 30 Sep 2008 08:07:00 GMT(1)
  • Your monthly rent should be listed on your copy of the lease.
    This is what you go by (and so would a judge if this were taken to court).
    In addition, a judge would likely ask the management why the heck they let the fact that you two were supposedly $170 short each month for a year "slip by".
    Gail
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