Legal Question in Real Estate Law in Florida

Is My Lease Valid?

I signed a Florida lease agreement and there are two very big flaws in it. The first names my husband and I as "landlord" and the apartment owners as "tenant" and the second has to do with the term of the lease....it states that the "initial term of this lease shall be one year and 26 days beginning at noon, january 5th 2000 and ending at 12 noon, january 31st, 2000".

Question: Am I legally bound to a lease through january 31st 2001 or to the latter, january 31st 2000? We do not wish to amend the lease. We just

want out of it as there was a misunderstanding of terms (month-to-month VS one year and 26 days). Are we obligated to pay the cancellation fee with the required 30 days notice or can the lease simply be considered void/not valid, thus eliminating our responsibility to pay a cancellation fee?

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Asked on 5/09/00, 2:29 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Goofed and now want out lease

FACTS: I signed Fl. lease; two very big flaws in it. It names my husband & I as "landlords" and the apt. owners as "tenants"; Second the term of the lease states: "initial term shall be one year and 26 days beginning noon, January 5th, 2000 and ending 12 noon, January 31st, 2000". Don't wish to amend lease. Just want out of it. There was a misunderstanding of terms (month-to-month VS one year and 26 days.)

Questions: Are we legally bound to lease through January 31st, 2001 or to January 31st, 2000? Are we obligated to pay the cancellation fee with the required 30 days notice or can the lease simply be considered void/not valid, thus eliminating our responsibility to pay a cancellation fee?

A. I'm not going to say "Look/read before you leap". You've hopefully figured that one out yourself. If ther was a Misunderstanding of a "Material fact", then you can rescind the lease. There must be a "meeting of the minds" before a contract is valid. If any one of four elements [Legal parties/purpose; Meeting of minds; mutuality of binding on both parties; consideration for the contract] is missing, you don't have a contract.

In your situation you describe a classical case of "lack of meeting of the minds", e.g. names and most importantly--terms. You also said "You" signed the lease. If your husband didn't sign, then you have another grounds to invalidate the lease.

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Answered on 6/22/00, 12:08 pm


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