Legal Question in Real Estate Law in California

Re: I have two signed leases, which is valid?

I would be happy to review your two leases and provide consultaton to you after learning the facts of why the two leases exist. Pleae contact me at 714 363 0220. - LARRY ROTHMAN

Re: I have two signed leases, which is valid?

OK, here goes......

(1) A lease is a kind of contract, and usually leases should be interpreted according to the law of contracts.

(2) Contract law regards the intention of the parties at the time of entering into the contract as the enforceable bargain, and what is written down on paper is only evidence of the agreement.

(3) Accordingly, both versions of the lease are valid (as evidence of the parties' bargain).

(4) To the extent the versions disagree, the later version would probably prevail over the earlier. For example, if each says the lease runs for one year from the date signed, and one is signed 7/1/2003 and the other 7/9/2003, a court would probably rule that the lease ran through 7/8/2004 rather than 6/30/2004.

(5) To the extent the versions are complementary, the interpretation is much more difficult. If the earlier version said "no dogs" and the later version said "no cats," are both cats and dogs forbidden? Probably, but if the tenant could convince a court that the purpose of the second agreement was to supersede the first agreement, dogs are allowed but not cats.

If the second version contains any clause that specifically says it is "the entire agreement of the parties" or that it supersedes prior negotiations and understandings, or words to that effect, it should be treated as a superseding lease, canceling and replacing the earlier version, but otherwise they can co-exist as described.