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roched2008 · Mar 29, 2009, 07:05 PM

If there is an error (typo) on my lease in regards to when my lease were to end i.e January 31st 2009 instead of January 31st 2010 can I legally move out.

I am a military veteran and I am having trouble with my current living situation. Safety issues drug use behind my house, neighbor problems etc. anyway I am looking for a way to break my lease and after reading through it I found a typo that pretty much states that my lease has already ended instead of it ending next year and a lease is a legal binding document that I and the landlord signed will it hold up in court. I think if I were to go to court and tell them about my living situation I should win on that alone. A typo is their fault not mine. Please help

this8384 · Mar 31, 2009, 08:04 AM

What state are you in? Some states will require you to pay rent until the landlord finds a new tenant.

You should go talk to your landlord about vacating early. Does your lease say anything about the period you agreed to rent the property for? The typo may or may not work in your favor; if you were originally willing to enter into a 2-year agreement, a judge may not let you out of the contract just because the landlord entered something wrong.

excon · Mar 31, 2009, 08:35 AM

Originally Posted by roched2008

if there is an error (typo) on my lease in regards to when my lease were to end i.e january 31st 2009 instead of january 31st 2010 can I legally move out.....
I am a military veteran and I am having trouble with my current living situation. Safety issues drug use behind my house, neighbor problems etc. anyway I am looking for a way to break my lease

Hello r:

Nahh, you can't use a technicality like that... But, the troubles you ARE having certainly might be grounds. The landlord is required to supply you with a "habitable" residence. If you are describing a situation that makes your home UN inhabitable, then you CAN break your lease..

You can't do it out of the blue, however. You have to complain in writing to your landlord about the situation and give him a chance to fix it. If he can't, site that reason as grounds for your apartment being uninhabitable, and move out.

You may not win using that approach, but if the conditions are as you say they are, you might. But, using the technicality you were going to use, is a sure loser.

excon

roched2008 · Mar 31, 2009, 08:58 AM

Thanks for your help I already complained and the neighbors have been harassing by calling the police for benign noise complaints and even the police have provided us with a report stating that the complaints are invalid and I already told the leasing office about the harassment and that I am leaving I also have the police reports regarding the drug use behind my house therefore they do not provide me with a habitable residence and I think it would be best if I just left and if I had to settle in court I will have to deal with it when the bridge comes

roched2008 · Mar 31, 2009, 08:59 AM

Thanks for your help I already complained and the neighbors have been harassing by calling the police for benign noise complaints and even the police have provided us with a report stating that the complaints are invalid and I already told the leasing office about the harassment and that I am leaving I also have the police reports regarding the drug use behind my house therefore they do not provide me with a habitable residence and I think it would be best if I just left and if I had to settle in court I will have to deal with it when the bridge comes

amricca · Mar 31, 2009, 09:03 AM

I rent a couple places and always work with my renters if they need to move out for any reason, they pay for the ad and show the place if I can't and I let them out of their lease. I think any reasonable landlord would work with you, I know I'd rather have the rent coming in than have it tied up in court.

roched2008 · Mar 31, 2009, 09:11 AM

Thanks I am an honest guy in some bad circumstances as it is finding another place cost me a lot of money deposit, realtor fee, etc but there is no price on my sanity and like I said I told the leasing office to have the property manager to contact me and still have not heard anything. They know they are in the wrong and the next tenants that move in will experience the same problems as I did. I will just have to hope everything pans out and being in the military I have been in worse situations.

amricca · Mar 31, 2009, 09:19 AM

Well, I hope they work with you, if you just move out it might be difficult to get your deposit back so I would speak with someone before you do anything like that. Don't use that typo as ammunition, might just make them mad. Offer to help them find a replacement.

roched2008 · Mar 31, 2009, 10:02 AM

GOOD THING WORKING FOR ME is I only paid a 99 dollar deposit so they can keep it.

amricca · Mar 31, 2009, 10:08 AM

That is good, but they could still go after you for the unpaid rent if you just disappear so make sure you document everything (like excon said) and try to speak with them about letting you out, better to leave on good terms and have some back-up to use in court if it comes to that.