Legal Question in Landlord & Tenant Law in Florida

The contract reads

TERM - This is a lease for a term, not to exceed twelve months, beginning on AUG 5 2009 and ending on SEPT 30 2010. (the dates are hand written)

RENT PAYMENTS, TAXES and CHARGES - Rent is 900.00 per month due on 1st of month. Tenant shall pay total rent in the amount of 10,350.00 (excluding taxes), for the lease.

Payment Summary If rent is paid in installations, the total payment per installment including tax shall be 10,350.00..

The dates are more then a year and the money amount doesnt add up to the # of months... What is binding in this situation? The dates? amount? ect.. please explain! thank you so much


Asked on 8/19/09, 5:56 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

If a contract is ambiguous, the terms contained therein may be explained by parol evidence (meaning, if the contract itself is unclear, the parties and judge can look to evidence outside the contract to determine what the terms mean). The unclear terms do not render the contract void.

In the situation of a lease which states "not to exceed twelve months" and the dates handwritten in exceed 12 months, the handwritten terms are likely binding.

I would have a serious issue with the contract stating that rent shall be a total of $10,350 for the lease. At $900/mo, I clearly see that that does not add-up. It looks to me like 14 months for a total of $12,600. However, it may be dependent upon payment up front for the whole lease period or payment in 6 month increments versus paying per month. Any such terms are dictated by the lease. There is also the "excluding taxes" thing, which will need to be factored in.

Your whole situation is governed by the contract. You will have to take it to a judge to interpret the contract and render a decision on the matter.

Read more
Answered on 8/20/09, 8:44 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida