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| *The Commerce Journal>>>Renting & Real Estate |
Error on apartment lease agreement found, Can he get out of the agreement using this?? |
My son who has just turned 20 and has entered into an apartment rental agreement. (First Home) He was laid off (along with over 300 other employees) and can no longer afford to pay his rent. He cannot find any other work as of now and this months rent is due. He brought his lease to me and I read over it and found that the apartments had made an error on the agreement by having the incorrect date (typed in) for the expiration of the lease agreement. It states the agreement starts 12-23-07 and ends 6-30-06. (should be 6-30-08) Both parties did sign this lease and wrote in the correct date of 12-24-07 Is there anything he can do about this. He has told the manager that he would have to move and they stated he would be charged the stated amount in his lease. Also more than once the maitenance person entered into his apartment without notice(my son was in bed and he came into the room and woke him) What are his rights here? We are trying to avoid lawsuits and bad credit. My son isn't the one looking for ways out. He has been looking daily for a job and the work force has slowed to almost a stop here. I on the other hand have been trying to help him. What are you suppose to do when there is no place to work within 25-30 miles and Gas is so expensive?????? ALL Companies are closing plants in my area. NO WORK NOW WHAT????? It is actually a common error, like misspelling a name, and does not invalidate the lease. The reason being is that both parties agreed to a contract that can not possible expire 6 months before it started. Whatever date both believed the date to be is the one used. I would take this to the city and see what they say. I don't know of any judge who would prosecute or sue when they made the mistake. Does it state in the contract that if any mistakes are made in this contract the tenant agrees to resign documents? If not, they don't have any grounds. They could hold up the deposit, but make sure once he leaves, that he takes pictures of everything in the apartment and someone is with him (like yourself) to add weight. Some will try to keep the deposit saying there was damage. In general a typo on a lease will not invalidate the lease. Second while entering a unit in a non-emergency situation is a lease violation will a judge see it as a material breach by the landlord thus giving you just cause to terminate the lease? I doubt it No, this is not grounds for breaking the lease. All parties signed the lease with honest intentions, and the fact that the ending date of the contract is earlier than the beginning date makes it obvious that a plain and simple mistake was made. No judge who wasn't drunk would allow your son to break his lease for this reason. |
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