Legal Question in Real Estate Law in Kentucky
Breaking of one-year lease
Lease expires 7/31. Written request to owner. His written reply follows, "I'm sorry that you are unhapy w/your present qtrs. I certainly do not want any tenant to be disatisfied w/their occupancy & have no problem with your wish to vacate. Please give a 30 day written notice."
Does his reply constitute approval to break the lease without recourse of future rent? Do I need to get further clarification from him----I don't want to aliennate him, if at all possible----he is not a friendly person. Thanks
1 Answer from Attorneys
Re: Breaking of one-year lease
Since the landlord specifically wrote "... I have no problem with your wish to vacate.
... Please give a 30 day notice.," you have a very strong argument for this being reasonably
perceived as a notice of his intent not to enforce the lease. There are two reasons for this
conclusion: 1) His words were in writing and therefore easy to produce; and 2) courts construe
written language in contracts and modifications against the drafter if there is an ambiguity.
Since his response to your request could be considered somewhat ambiguous, it should be interpreted
to favor your position.
Patricia Joyce
Law Office of Patricia M. Joyce
Suite 25, 1050 Main Street
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.
