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kksmommy · Mar 9, 2011, 12:06 AM

I originally signed a one year lease at my apartment starting the day of April 24th 2009 and ending the last day of April 2010. I renewed my one year lease and signed it not reading it thinking it was just a renewal of my original one year lease. Thinking I can move out soon I went to the office with my husband to fill out the form for 60 days notice to vacate we signed it and so did the office staff member. Shortly after leaving we received a call from the apartments stating that our lease wasn't up till May 31st 2011. In the renewal we signed it clearly says that it's a one year renewal but the date they entered in was actually for a 13mo lease. We never even looked at the date or anything when we signed it because we thought we were just renewing our one year lease. Now they are saying we need to stay till May 31st or we will receive penalties for moving early. This was just clearly a typo but they don't care would this be in my favor or theirs? Please help

ScottGem · Mar 9, 2011, 05:00 AM

If you have your original lease that states an expiration on 4/30/2010 and the new lease states a one year renewal. You could argue that the date was an error. If you go to court on this I think you would win.

So I would send the apartment a letter (it would be good if it was on a lawyer's stationary) that you believe the expiration date on the renewal was an error and that you should not be held to it. But, they may keep your deposit or sue you for the extra month and you will have to argue it in court.

Fr_Chuck · Mar 9, 2011, 06:00 AM

It may or may not work in your favor,
Since it was clearly marked and you signed it, Often written terms will nullify any other spoken or assumed meaning.

So now you can move and let them do all the penalties, and sue for the money back, or have them sue when you move and fight it in court.

It is not clear and 100 percent sure which way a court will rule. So unless you and landlord can agree, you risk losing if you move before date. You maywin? Or you may lose?

AK lawyer · Mar 9, 2011, 06:18 AM

Yes, mutual mistake (typo) is one theory you could argue.

But there is another theory: ambiguity. One year is not the same as 13 months. If it says both it is ambiguous, and therefore the court would have to look to extrinsic evidence (the intent of the parties) to resolve the ambiguity.

joypulv · Mar 9, 2011, 07:07 AM

(Not a legal remark, but I'll bet that it was deliberate, because it's a lot easier to rent out apartments at the end of May than the end of April. Schools letting out and all. Unfair to sneak that past you.)

kksmommy · Mar 9, 2011, 11:00 PM

I originally signed a one year lease at my apartment starting the day of April 24th 2009 and ending the last day of April 2010. I renewed my one year lease and signed it not reading it thinking it was just a renewal of my original one year lease. Thinking I can move out soon I went to the office with my husband to fill out the form for 60 days notice to vacate we signed it and so did the office staff member. Shortly after leaving we received a call from the apartments stating that our lease wasn't up till May 31st 2011. In the renewal we signed it clearly says that it's a one year renewal but the date they entered in was actually for a 13mo lease. We never even looked at the date or anything when we signed it because we thought we were just renewing our one year lease. Now they are saying we need to stay till May 31st or we will receive penalties for moving early. This was just clearly a typo but they don't care would this be in my favor or theirs? Please help

decentdiscourse · Mar 10, 2011, 10:06 AM

May was clearly a typo? I would say you would prevail legally because the title of the document says one year, your past agreement shows the pattern as it was also one year, and the office signed the moveout papers, also agreeing it was one year. But the catch is how to enforce it. American court systems are geared towards commerce, not justice or equality so there is no balance to protect you from the tactics of an economically powerful adversary who can win just by threats to your rental history, credit rating and so on. I think you have to write them a letter indicating that you believe that they know the document is flawed and that the renewal period of 13 months is NOT customary practice for them. Tell them that if you are required to delay your move, you will seek compensation in small claims court after you move out. That way, they cannot go after your credit or rental history if you comply and then sue them. Let them know of all of the added costs you face and will seek from them because of their action. Do not sign anything related to moving out which dismisses your claim. Finally, since I'm not a lawyer, look for a legal clinic in your area and ask their advice.

AK lawyer · Mar 10, 2011, 11:21 AM

This is a duplicate question. It was already asked and answered here. One thread to a question please.

Originally Posted by decentdiscourse

... Tell them that if you are required to delay your move, you will seek compensation in small claims court after you move out. That way, they cannot go after your credit or rental history if you comply and then sue them. Let them know of all of the added costs you face and will seek from them because of their action. Do not sign anything related to moving out which dismisses your claim. ...

Seriously flawed advice.

A small claims case would be dismissed. The judge would simply ask: "if you thought you only had a 12 month lease, why did you remain and pay the extra month?" You're response, that someone told you online that protecting your credit score at all costs is the only way to go, would be a very weak response, In my opinion.

And if, as you say, OP is not likely to be treated fairly when the LL demands an extra month's rent, how do you suppose the OP would be treated any different in a small claims court?

Also, it would be very difficult, if not impossible, to prove damages.