Legal Question in Real Estate Law in Florida

lease agreement discrepancy

My husband and I signed a lease agreement on a house and the other day I was looking over the agreement and found a discrepancy in the lease. The top of the lease says ''for a term not to exceed one year''. Then it states ''for a period of TWELVE months'' in the blank spot. However, the actual dates say ''Feb.4,2001 and ending Feb. 29, 2002''. That sounds like 13 months to me. Is there a way to make this lease null or be able to get out of this lease on Feb. 4 because of this discrepancy? Thank you


Asked on 12/19/01, 7:20 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: lease agreement discrepancy

The following is without the benefit of conducting legal research on your issue. Generally, the type written terms control, even if the heading is inconsistent with the type written terms, such as the exact dates contained in your lease. I don't believe the fact that the dates set forth in the lease exceed 12 months by a couple of weeks is enough to allow you to terminate or void the lease. It may just allow you to limit the term to no more than 12 months, and nothing further. If you are seeking a way out of the lease agreement, then you should meet with an attorney experienced in landlord-tenant disputes. Good luck.

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Answered on 12/19/01, 7:34 pm


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