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    rmoore80's Avatar
    rmoore80 Posts: 2, Reputation: 1
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    #1

    Nov 2, 2010, 04:01 PM
    What if both month to month and 1 year lease is on the agreement.
    I have a lease that is both singed as a month to month and also 1 year. Which part of the lease is legal? On one page of the lease is checked as month to month. On another page of the lease it says 1year lease. Which is legally binding. I am in the state of California.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 2, 2010, 04:05 PM

    If the lease has a start and end date then the one year is probably in force. Otherwise its probably month to month.

    Which do you want it to be and what does the landlord want?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 2, 2010, 04:22 PM

    At the end of the day, it will be up to a judge to decide. My guess is that the lease would stand,

    Are you having an issue, if not merely ask the landlord to do a new one
    rmoore80's Avatar
    rmoore80 Posts: 2, Reputation: 1
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    #4

    Nov 2, 2010, 04:35 PM
    Comment on ScottGem's post
    After looking at the lease. It would be easier to have a month to month lease. The landlord wants a year lease and it doesn't have a start and end date.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 2, 2010, 04:35 PM
    I'm guessing that it's a year-long lease providing that rent is payable monthly. Perhaps someone confused the two concepts and checked the wrong box.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 2, 2010, 05:22 PM

    First, please don't use the comments feature for follow-up. Use the Answer options instead.

    Without seeing the lease its hard for us to say definitively. At this point I would let it alone, if you want to move out before the year, then it will probably go to court where a judge will decide.
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