Legal Question in Landlord & Tenant Law in California

Six Month Lease=Seven Months?

I am in my sixth month living in my apartment complex. I signed a 6 month lease starting July 1, 2005. At the beginning of this month I gave notice that I would be moving out at the end of December. My manager accepted, but the next day he told me that the owner said my lease isn't up until January 30th. After reviewing my lease, it appears that they wrote the incorrect date for the end of the lease (Jan 30 not Dec 31). The lease specifically states a six month term, and also includes the total amount of rent to be paid in that time period. I tried to explain to him that he made a mistake and that July 1 to Jan 30 was actually seven months. He didn't get it. I told him that if he really wants me to stay until Jan 30 I would, but I wouldn't pay him any more rent because I am already paid in full for the contracted amount for the six months.

My question is, if he says that I should have caught that error in the date and I'm stuck with an extra month, he's full of it, right? Regardless of the date, the contract states 6 months and the amount due in that period. I have all of my receipts showing that I have paid my rent for six months with July 1 being my first rent payment.

I'm not too worried but thought I'd ask.


Asked on 12/05/05, 5:47 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Six Month Lease=Seven Months?

As long as you sent the notice timely, and the lease states "six months," I think that the actual date is a scrivener's error that any court would modify based upon the parties' intentions. (No one writes a lease for 7 months, anyway.) Good luck.

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Answered on 12/05/05, 5:51 pm
Randy Schlosser Law Office of RM Schlosser

Re: Six Month Lease=Seven Months?

If the lease says six months but the date is seven months, then the court will have to interpret the contract. Typically, the contract will be interepreted in the light that best suits the one who DID NOT prepare the contract. Assuming your landlord prepared the contract, it will probably be interpreted in your favor.

I suggest sending the landlord/manager a written explanation and informing them you intend to vacate after the 6-month term has expired. If they do not return you security deposit or deduct for the seventh month, sue in small claims court.

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Answered on 12/06/05, 12:24 am


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