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Updated over 7 years ago, 04/04/2017

User Stats

52
Posts
27
Votes
Michael Conway
  • Investor
  • San Diego, CA
27
Votes |
52
Posts

Estoppel Certificate does not match lease terms, priority?

Michael Conway
  • Investor
  • San Diego, CA
Posted

I recently purchased a duplex.  The existing tenant lease states that they are responsible for pro-rated water costs, however on the estoppel certificate it was checked that the landlord is required to pay water and disposal...  The tenant is saying that they had never paid water prior to us taking over, which contradicts their lease terms.

This was obviously a miss on my end, but do I have any legal recourse?  The lease is attached to the estoppel which shows a clear contradiction.  Additionally, item (2) in the estoppel states that the existing lease is maintained in full force, and the tenant write "N/A" to any modification, exceptions, etc...

Its my understanding I'm required to uphold the lease terms.

Any advise is helpful!

Thanks,

Michael