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ivito · Feb 18, 2007, 08:17 PM

Yes I sgned a lease with a private landlord to rent out a townhouse of his. Now I moved on November 1 of 06 it was a year lease so it was suppose to be up oct 31 of 07.well I looked on the lease and it said my lease was over oct 31 of 06. The lease is messed up. Does that error make the lease invalid and voided out?

Fr_Chuck · Feb 18, 2007, 08:40 PM

Most likely not, since it should be obvious what was intended.

But to clear it up, both you and the landlord should change it and initial it.

ivito · Feb 18, 2007, 09:12 PM

Originally Posted by Fr_Chuck

Most likely not, since it should be obvious what was intended.

But to clear it up, both you and the landlord should change it and initial it.

Well that's the thing. I don't want to live here any more, my landlord sucks. He doesn't fix anything and he has bad habits that I don't like at all. My thing is I am going to break the lease. I know he is intitled to keep my deposit, I am OK with that but I will be leaving by march first and he wants me to pay for march like I am living there. My rent is 1100 my deposit is 1675, I don't think its right for him to keep over 2800 dollars of my money I see the deposit though not march's rent especially when I will not be there. Can he take me to court even if he takes my deposit

Fr_Chuck · Feb 18, 2007, 09:18 PM

Yes he will be able to take you to court, It will be up to the judge to decide that since the lease was for a year, and the starting date was correct, that it was merely a typo and the lease is valid.

I would say it is almost a coin toss as to what judge you get, and their strict or liberal idea of the law on this.

Best to hire an attorney and let them do legal research and find current court rulings on this for your state.

landlord advocate · Feb 18, 2007, 09:29 PM

The mistake with the date happens all the time. The error is obvious. You have a one year lease and most magistrates or judges will conclude that you owe rent until the lease ends or the landlord leases the property to another tenant... whichever comes first.

You signed a legal agreement. The landlord has the right to expect you to abide by that agreement. He may have to repaint the unit, make additional repairs, pay for advertising and utilities and go several months without rent coming in. The mortgage is still due every month, whether you are living in the property or not.

ivito · Feb 18, 2007, 09:53 PM

Originally Posted by landlord advocate

The mistake with the date happens all the time. The error is obvious. You have a one year lease and most magistrates or judges will conclude that you owe rent until the lease ends or the landlord leases the property to another tenant.....whichever comes first.

You signed a legal agreement. The landlord has the right to expect you to abide by that agreement. He may have to repaint the unit, make additional repairs, pay for advertising and utilities and go several months without rent coming in. The mortgage is still due each and every month, whether you are living in the property or not.

What if I don't have the money? That is one of the reasons I am breaking the lease because I got laid off. Now if he persues me in court. And he comes after me for rent and I don't have the money then he will be losing out because as long as he comes after me he can't rent that place out so in fact he will be losing money coming after me rather than renting it out. Correct?

excon · Feb 18, 2007, 11:02 PM

Hello ivito:

The landlord doesn't know he won't get his money, and he's not going to leave the apartment vacant while he tries. He's going to sue you and probably will win a judgment. The judgment is going to screw up your credit, and they can collect from you anytime they find money in your account for the next 5 or 10 years.

excon

landlord advocate · Feb 19, 2007, 07:11 AM

If you attempt to cheat the landlord out of the rent he is due (because he entered a legal and binding contract with you) The damaging information will be: (1) listed on your credit report as a civil filing. (2) Once the landlod goes to court, it will be listed as a civil judgement (3)If he garnishes your wages it will be listed on your credit report (4) If he places a lien with the court, it will be listed on your credit report (5) If he sells the judgement to a collection agency, they too will place the information on the credit report. Each time derogatory information is placed on your credit report it lowers your credit score. The lower the score, the more you pay for insurance and the higher interest you pay on your credit cards. Your property and your banking accounts will continue to be at risk until you square up with the landlord. If a judgement is rendered, the landlord is due interest in addition to the judgment rendered. Unless you work under the table and keep your money under your mattress, and take the bus wherever you go and never intend to purchase a home... sooner or later a collection agency or the landlord's attorney will be collecting the money due plus interest. I tell my clients to think of a judgment as a long term IRA with a good interest rate.

jeffcantrell · Mar 28, 2012, 06:17 PM

My lease states "this rental agreement shall commence on the 5th day of march 2012 and end ond the 4th day of march 2012" it was written not typed, does the make my lease invalid?

AK lawyer · Mar 28, 2012, 09:15 PM

Originally Posted by jeffcantrell

My lease states "this rental agreement shall commence on the 5th day of march 2012 and end ond the 4th day of march 2012" it was written not typed, does the make my lease invalid?

No. Same answer as the previous question in this thread. It was clearly a writing error (same as a "typo" had it been typed). The court will find that you clearly meant for it to end March 4, 2013.