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Can an oral lease agreement between the tenant and landlord override the written agreement
Atlanta, GA
Viewed 58 times.
Posted about 1 month ago in Landlord / Tenant
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When given the tour the leasing manager said that they were offering a “first month free” special if we sign the lease. We did and two months into the lease we received notice that we had past dues. The leasing manager said that “there has been miscommunications from the leasing manager to multiple new tenants, and apologize for inaccurate info” and that we owe first month’s rent and her first month “free promo” was false. I asked for this in writing with both of our signatures but she refused to write that and referred to the lease that we signed which didn’t have anything about a free month promo in it. By having two other witnesses present for her “free month promo” offer and her acknowledging a “miscommunication” with multiple tenants, would this hold up in court?
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Answers (2)
Phillip Darrell Kimbrell
This attorney is licensed in Georgia.
Posted about 1 month ago.
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Generally speaking, the written doucment (Lease) will control all matters regarding the lease and any oral promises that are not incorporated into the written document will not be considered - that is a far as the lease is concerned. However, you may still have some other action against the landlord for false advertsing or other torts. With regards,
Darrell Kimbrell 
Brian E. Daughdrill
This attorney is licensed in Georgia.
Posted about 1 month ago.
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Generally speaking, the written lease controls; however, you can get around a written agreement by arguing "fraud in the inducement" i.e. you would not have entered INTO the lease but for the fraudulent statement. The challenge is that you have to show that the party making the false statement knew it to be false. It is challenging and it probably isn't an argument that you can successfully make in magistrate court. It also depends on your willingness to move and to fight them. If you are willing to move, you (or your counsel) could send a letter advising the landlord that you were fraudulently induced to enter into the lease and that you are tendering the space. In the current economy, this MAY be enough to get the landlord to give in.
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