Legal Question in Real Estate Law in California
Conflicting lease terms
When I first signed my lease on 8/1/01, I was verbally told it would be a year lease, I requested a copy of the signed lease for my records and the landlord sent it in 10/01. The first page of the lease copy stated that the lease shall continue ''month to month'' (the last page of the lease copy had all appropriate signatures). I didn't think much of it at the time since I had no wish to move out. But now I have reason to move out and inquired to my landlord as to my options. She said I would have to pay the rent until she found a new tenant.Well, I asked for another copy of the lease last week because I could not find the copy she sent on 10/01. This second lease copy now has the words ''month to month'' crossed out and ''one year'' handwritten under it. (This change does not have anyone's initials next to it, however). Well, I did find that first lease copy,(with ''month to month'' in tact). My question is, even though I was under the assumption that it was a year lease when I signed it, can I take legal action to have it enforced as a month to month lease because the text of the lease was unilaterally changed without my knowledge? FYI, I didn�t read the lease when I initially signed it, I took the landlord's word it was for a year.
2 Answers from Attorneys
Re: Conflicting lease terms
The lease provided that you started your lease on 8/1/01. If it's for one year you're out of your lease on 7/30/02. The oral agreement was that it was to be a one year lease. However, it appears that the landlord made a mistake. And put on the front of the copy you received that it was for a month to month tenancy. After the landlord realized their mistake they crossed out the error. And made it a one year lease. Now you want out of the lease, and want to take advantage of the landlord's error. If you testify truthfully at the trial you'll admit that you expected a one year lease. And if the landlord testifies truthfully. They'll admit that they saw their error, and corrected their copy of the contract to conform to the original oral agreement. And I think the judge will rule in the landlord's favor. In my opinion it will not even be a close call. Assuming that everyone will testify truthfully is a big leap of faith. However, their is the corrected copy of the lease that the landlord has that supports everyone's truthful testimony. So if you know some one that wants to move into your apartment right now, and assumes the lease you're home free. Or you'll owe the landlord some rent until the apartment is re-leased if you move out before 7/30/02.
Re: Conflicting lease terms
Try sending the landlord a 30-day notice to vacate, including your copy of the lease. Then, see what they say.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
