[calstudent10]

Hi. I've already started a post earlier but this is a different question. I'm trying to get out of a lease and after carefully reading my agreement I have noticed that she had put the wrong dates on my copy of the agreement. It states that the lease begins on 09/01/2006 and ends on 06/30/2006. It is suppose to end on 06/30/2007. Is this of any advantage to me? Does this make the lease invalid?

[RickJ]

It does not invalidate the lease but certainly could make a case for you since the landlord may not be able to prove what the correct duration should be... UNLESS it gives the total rent amount for a year in some field (like many leases do).

Is there a part that says you owe X amount at the rate of Y per month, with X being the total of a year's worth of monthly rent?

... or elsewhere say that it is a one year lease?

[calstudent10]

It does not say anywhere on here the duration of the lease. It just says:

The Tenant(s) shall stay upon a tenancy commencing on 09/01/2006 and terminating on 12:00 midnight on 06/30/2006, at the monthly rate of $450 payable in advance on the first day of each month with a deposit of $450 in the initial month. Should the term commence on a day other than the first of the month, Tenant(s) shall pay the amount of $ _______ for only the initial month starting on ___/___/____.

She is also saying that she will keep my deposit and charge me 1800 for breaking the lease (half of each month for the remainder of the lease). I spoke to a fair housing counselor and she said that she cannot charge me a break lease fee unless it is written on the contract. How true or legal is this? Also, she is intending to replace me after collecting that 1800, if she replaces me with someone what happens to my 1800? Can she collect payments from me as well as the new tenant since this is a lease? OR does my financial obligations end and I don't need to pay $1800?

[mr.yet]

You Have To Look At The Original Intent Of The Lease You Just Sign. The Court Will Simply Tell You It Is A Minor Error. But You Intended To Lease The Property Stating 9/01/2006. You Maybe Be Able To Get Out Of It Because Of The Error, But It Will Cost In Legal Fees.

[RickJ]

Not necessarily. The lease could have been intended for ANY period. It would be up to a judge or magistrate to decide what the intended term was based on the testimony of both parties.

[ScottGem]

Like the others I feel the date is a minor clerical error and a judge will assume it was intended to be 2007.

As to the issue of the break lease fee, I'm not sure there is one. You agreed to lease the unit until the end of June 2007. That is 10 months. Assuming you have paid Sept and October, you owe 8 months or $3600. If she is willing to settle for $1800 she is being generous.

But this could be considered a settlement, not a break lease fine. It's a fine point that a lawyer might argue either successfully or unsuccessfully, one never knows. Bu being a settlement you would not be entitled to a return if she rerents. If she charged you the full $3600 you would be.

You might consider taking your chances. Move out immediately and let her keep the deposit as the last months rent. Then let her take you to court for the remainder.

[calstudent10]

I don't understand what the difference between a settlement and a break lease fine is if both of them break the lease. If the settlement doesn't legally break a lease but just stops her from billing me further then how can she rent out the room? Also she's requesting that I pay 1800 all at once and that she keeps my deposit of $450. I don't have $1800 and I've made her aware of this. I offered to pay it monthly but she refuses. Can she sue me for $1800 if I'm unable to pay it at this moment?

[ScottGem]

The difference is that you owe $3600 for the balance. A settlement says all right, you own x, but I'm willing to accept y to avoid litigation or other problems. That's different from saying, you are breaking the lease and I'm going to charge you a fee for doing so. It's a fine line, but an attorney could argue it either way.

Yes she can sue you, but if she does, she's likely to sue for the full $3600.