Legal Question in Landlord & Tenant Law in Massachusetts
My apartment lease says my term is 16 months starting May 1, 2011 and terminating on August 31, 2013. The lease has been signed even with this typo that everyone missed. The total term rent is 36800 which is 2300 per month. My question is, can I say this typo voids the lease or that I am only responsible for 36800 for 28 months instead of 16 months, basically cutting my rent down to $1314? Any insight here is appreciated
2 Answers from Attorneys
No, but you should contact your landlord and have the term corrected. It is going to be construed as a scrivener's error, meaning the date should be corrected to the correct date, which I assume is August 31, 2012.
I agree with attorney Roth that neither party should benefit from a mutual mistake. As he suggested, the parties should simply reform the contract so that it conforms to both parties' original expectation.
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