Emails count as contract? Rent Negotiate questions

[Kavvy]

I am about to negotiate with my land lord on reducing my rent (on a 3 month rent rolling lease).

1. When they previously increased my rent they just accepted my email confirmation that I agreed to it instead of signing a new contract. As they were only increasing my rent, and therefore I was not at risk, I never thought much of it. If I get my rent decreased, would I be at risk if they didn't sign a new contract but agreed to an amendment via email?

2. If you're my landlord, signed me and the wife up for rent 3 years ago for $xxxx.xx per month. Increase it by $100 per month 1.5 years ago because we refused to sign a year long lease and opted for a 3 month rolling lease, what do you think if you get an email similar to below (assumed to be grammar checked

"Good day "...",

I hope all is well with you. My wife and I have been watching news stories regarding the market and feel that the rental market conditions have significantly dropped. As our rent was increased over a year ago based on your assessment of the current conditions, and since rental conditions have dropped, we would like you to reduce our rent by $200 per month starting June 1, 2016. We feel this is fair as you increased it during tight market conditions, and we feel the market is lower then not only when you increased it, but when we first rented from you. Our new rent proposal would put us at $xxxx.xx per month which is $100/month cheaper then when we first signed on to rent from you and $200/month cheaper then our current rate.

Thank you,"

If they respond with asking me to find comparable, I am far to lazy, I simply want to say:

"I honestly haven't had time to compile this information -if you feel I am asking for too much of a discount, please let me know why. I can begin this effort of searching for comparables, but please be aware that the minute I am forced to look at other properties, it should be assumed I am also going to rental viewings."

Thoughts? too cocky? I think its fair?

[Jordan!]

Of course not.. A lease is a lease

[To Be Quite Honest]

8 years ago when the rent boom happened and the declined I found a place exactly the same but $300 a month cheaper. I sent an email and my rent was reduced by $200. They hoped that $100 a month would stop me from moving and it did. You can serve papers via email now and, being that it was "okayed" over email before, the precedent is set.

[OMG!WTF!]

Emails, verbal agreements etc are all fine in small claims court and what will almost always emerge is the truth. For example, you pay $200 less rent for a year, move out and the LL decides to sue you for $2400 stating you shorted him $200/month. The judge will say that the LL should have known after the first month and following three months that the rent was short...the market has certainly softened warranting a decrease, and you have a verbal or emailed agreement. Logically the defendant would win based on what most likely occurred and what makes the most sense.

You might as well ask for a decrease but I would also be prepared with examples of comparable places you could rent that would be at a better price. I would even be prepared to actually rent a new place at a lower price. It's just business and you hold the cards.

On the other hand if you plan to say a while, you could leverage your good will and higher rent now into future leases with no increases.

[Amethyst]

According to Judge Judy, changes to a rental contract are only valid if they are done in the same form as the original agreement. No idea if that applies in Canada.

Are you prepared to move if you don't get the reduction? Your planned message comes across to me as kind of snarky, which is fine if you don't care, but if you are just trying to see what kind of reduction you can get and will end up staying regardless, it might not be the best way to word things.

[FlamesAddiction]

Definitely send that letter.

I really want to see how it goes.

Also, +1 to the person above for citing Judge Judy. That is totally where I see this going.

[Peanut]

I'd find the comparables, myself. Why be lazy about it? Maybe you can ask for $300/month less.

[Kavvy]

Thanks all. I didn't mean to come across snarky, I was actually trying to avoid that.

I feel they increased the rent during a economic climate which was competitive for renters, which was fair, and now that is has switched, it is my turn.

I don't want to sound like anything other than hey - it's business. I am not trying to be an @ss, I just want to pay whats fair and hopefully not be forced to move.

[topfiverecords]

Figure out then vs than and maybe make the email more straight forward.

"We are evaluating the option of moving at the end of our current term to take advantage of lower rental rates in the current market. We would like to discuss with you the possibility of a reduction to our rate at the beginning of our next 3 month term to remain tenants at your ____ property." something something

[GP_Matt]

Are you renting from an individual or a company? I would change the letter depending on that. With a company it is a fine letter but for an individual I might go friendlier yet still asking for the same thing.

[OMG!WTF!]

Maybe you could ask for a free month in exchange for a new lease. That way the LL gets something as well. If you move out they will likely have at least a month of vacancy. Los of people are on their third of forth month now. I'd be very interested in keeping my existing tenants.

[CorsiHockeyLeague]

Yes, you can vary your lease by agreement through e-mail. A contract is not a piece of paper, a contract is an agreement. The piece of paper is just evidence of what you agreed to. E-mails also serve as evidence, they're just not as good. It would be better to get a signed letter to that effect.

[malcolmk14]

I've been wanting to ask for a rent reduction for a few months now, this thread finally inspired me to do it. Haha. Just quickly researched some comparables and asked for $300 reduction.

[CorsiHockeyLeague]

My landlord was actually smart enough to get out in front of this and get me to commit to a new 1 year term last year for $150/mo off. Market probably should call for another 50-100 cheaper at this point, but I wasn't going to move anyway so whatever.

[annasuave]

A contract is a contract is a contract. It doesn't matter if its verbal, written, by email, or on a fancy piece of paper that says "Contract" on the top.

All you need is an offer (you are offering to continue renting the place), consideration (what you are willing to pay per month), and your landlord's acceptance of your offer.

Even if your landlord decided to go doo-lally-tap, something like this would be unlikely to ever make it to court.

Even so, it always best to document agreements in writing. An email response from your landlord saying "OK", or "I agree" should suffice.

[GGG]

If you are going the email route make sure it is extremely clear what everyone is agreeing to.

After you think you have an agreement send one more email stating. Please confirm that you are agreeing that the rental on unit XXXX will be YYY start Z date for X term.

This way there is no ambiguity in the agreement that either party can say they were agreeing to some other part of the negotiation.

[peter12]

Can you renegotiate rent in the middle of a lease or does it exclusively apply to renewal?

[worth]

My landlord is trying to increase my rent and get me to pay for electricity. I emailed them asking if they are out of their mind and haven't heard back. They were also offering new tenants 2 free months of rent, but try to stiff their existing tenants with a rent increase.

[ken0042]

Originally Posted by peter12

Can you renegotiate rent in the middle of a lease or does it exclusively apply to renewal?

His OP says he is in a 3 month rolling lease, and is asking for the reduction to be in place effective 3 months from now.

I would get the comparables now. Spend an hour before asking for hundreds of dollars per month off.

[wontondestruction]

Go to rentfaster.com and find examples of rental prices in your building/area. It will take slightly longer than it took you to post your comment here. Your landlord will definitely be checking rental rates in your area before he agrees to your terms.