Legal Question in Landlord & Tenant Law in California

Leasing Contract Problem

My wife and I have lived at the same apartment community for two years. We are moving and have hit a problem that we need legal counsel with.

Our first 12 month contract we signed was from June 1, 2005 - May 30, 2006. When we were given our second contract, the apartment community made a mistake and dated it for July 1, 2006 - June 30th 2007. We didn't see the mistake and we signed it. This totally skipped the month of June, 2006.

We have been planning on moving May 30th of this year (thinking that was when our lease was up) but it was brought to our attention by the apartment office that we have to pay through June 30th. The leasing office has agreed that it was THEIR mistake but that we are legally bound until June 30th and they don't seem willing to work with us. The way I look at it (and am wondering if it would hold up in court) is that if they want to read it that way, then legally, we were not contracted to pay for the month of June, 2006 (which was lost in between the lease agreements) and therefore, should be reimbursed the amount for that month. What should we do?

Thanks!

Adam


Asked on 4/09/07, 6:41 pm

1 Answer from Attorneys
Mark Leonardo Law Office of Mark J. Leonardo

Re: Leasing Contract Problem

I would take the position that the errant lease date was a "bilateral mistake," which occurs when both parties to a contract are mistaken as to an important item.

Typically, such mistakes are not enforceable by one party.

Feel free to call if you wish to discuss further.

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Answered on 4/11/07, 12:13 pm


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