Legal Question in Real Estate Law in California
Addendum conflicts with original lease
Page one of our lease agreement states that the term is 12 months spaning Jan 5th, 2002 - Jan 31st, 2003. This is actually 13 months. However, the addendum to our lease states that the ''one month free'' concession is to be pro-rated over the term of the lease.
The calculation in the addendum was made over 12 months, not 13. They also over-charged us on our first-months rent because of incorrectly pro-rating the first month by 28 days, instead of 27.
The addendum does not specify how the calcultion was made, but any 10 year old can tell the difference between dividing by 12 and 13.
We would like to be out of the apartment by December 31st, or sooner if possible. Question: Do our rights change because of the incorrect calculations in the lease and addendum?
1 Answer from Attorneys
Re: Addendum conflicts with original lease
A duly-executed addendum to a contract, including an addendum to a lease, modifies inconsistent provisions of the original.
Your interpretation of the calculations as incorrect may be right, but before assuming so, you should discuss the alleged errors with the landlord or manager, because there may be pro-rating conventions or other factors you aren't aware of. Landlords make mistakes, but even very well-educated tenants sometimes misinterpret lease provisions, prorations, etc.
In addition, negotiating and discussion with the landlord seems like the best path to resolution of your differences.
If the calculations are incorrect, it is most likely that a court would simply correct the numbers and enforce the lease with the corrections. I think the numerical mistakes, if any, would have to be very large to be a basis for invalidating the lease, the addendum, or the unperformed balance of either.
This matter belongs on the bargaining table, not in court.
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