Legal Question in Real Estate Law in Texas

Rental Contracts for apartment in Texas

I have an apartment in Dallas, TX. The lease states that a 60 day notice is required to move out. Also, the lease states that there is a 2 month penalty in order to break the lease. However, on the lease the management company placed the wrong dates on lease. They are exactly one year incorrect (ie: should be 2003, instead says 2002). If I want to break my lease today (5 months early), what is my legal obligation? Do the incorrect dates void the lease contract?


Asked on 8/07/03, 3:54 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Rental Contracts for apartment in Texas

Unfortunately your penalty will be as it is stated in your rental agreement unless you can work out something else with your landlord. Be sure to get any modification in writing. The error has no effect and is what is known in the legal world as a scrivner's error. In layperson's terms a "typo." In looking at contract disputes, judges look to the "intent" of the parties. It will be clear that you "intended" lease the property during certain dates, and, although the lease (which is a contract) states otherwise, other evidence such as your rental payments, date of occupancy, etc. show your intent to abide by the agreement during the correct rental period.

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Answered on 8/08/03, 6:04 am


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