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[gilleabart]

I have recently moved into an apartment complex in February. The manager at the time told me that there was a 1 month free special. She offered either the free month's rent, or to prorate that amount towards the 12 months so that way the rent would be a little cheaper. I chose to pro rate the free month's rent. In my lease however, she did not state that the month free was prorated. I moved in on the 17th and paid a deposit and the remaining amount for that month. Come march, i paid the amount that was given to me by that manager which was the amount that was prorated. On my statement however showed completely different and she told me to disregard that statement and that i would recieve a different one showing the correct amount paid. She ended up leaving as manager and a new manager came along. So come time to pay the next month's rent, the new manager had told me that I had somehow overpaid the previous month and that i only had to pay a little over $200. I continuoulsy asked her if she was sure and showed her that the previous manager had told me that my rent would be prorated. It was all written down on a rental plan but not on the lease might i add. So she forwarded that information to the apartment company and she then told me that they couldn't prorate that amount and that my free month's rent was still available to use when needed.I asked her continuously if she was sure and she said yes. So I decided to use that free month for June . She is now telling me that I don't have the free month's rent. and i have 3 days to come up with the money. They are screwing me over big time and i know that things do need to be written down but i am also aware that there are also verbal agreements are also valid in wa state. i need to know who i can go to about this. I havent yet gone straight to their corporate office to talk about this but all i know is that i shouldnt have to be busting my *** for their confusion and mistake.

[abisha]

"i know that things do need to be written down "

Correct. you are wasting your time. the lease is BINDING as signed.

[gillian59]

I have a real estate license and I have been in apartment management for 9 years. What they are doing is unethical however you should of got it in writing verbal agreements don't count in real estate or any business transaction unless you have proof by a recording device (they must know they are being recorded) that this conversation actually happened. Next time you are told something get it in writing even if you have to write it out yourself and have them sign it. I am sorry you are going through this but if they do file eviction against you and it goes to court a judge will rule in their favor because you don't have the written proof to back up your statement. Don't trust anybody and its not unreasonable to ask for something in writing don't be embarrassed to ask because it will save you the stress later. I suggest tell them that you were under the impression because that is what you were told and try to get something worked out to have your rent paid. Evictions will make it hard to rent again and if you leave owing money most complexes won't approve you until you have paid your previous landlord.

[teyrnon72]

ONLY a lawyer can give legal advice.

[ailwyn]

You're probably screwed if this free rent deal is not in writing. Do you have it in writing on a receipt? Or a billing statement? Or somewhere? Anywhere?

You are generally correct when you say that oral agreements are valid and enforceable. However, when you have two agreements that cover the same subject matter, then the agreement that is in writing is going to override any oral agreement. If you think about it for a second, it makes sense. Say you and I agree that I will sell you my car, and the price will be $2000. We put it in writing, "I will sell you my car for $2000." Then, at the same time we say, "OK, lets actually make it $1500." But we don't put the $1500 in writing. Now, a week later, when I bring you the car, you only have $1500, and I refuse to sell unless you have $2000. So, we both go in front of a judge. The judge has in evidence our written contract for $2000, and your story that we actually orally agreed on $1500. So what is a judge to believe? Well, he will believe the agreement was for $2000, because if we went through the trouble of putting it in writing, then the writing must reflect the true terms of our agreement.

Moral of the story: Get it in writing!! Or, if your oral agreement completely contradicts your written agreement, then definitely correct your written agreement!!