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Old 05-19-2009, 06:30 PM
 
1 posts, read 3,010 times
Reputation: 10
Default Simple Typo or Voided contract

My son and his girlfriend was looking to rent an apratment that they found while his girlfriend was attending school in Columbus Missouri. They signed a lease in the beginning of March with an expected move in date of July 15, 2009. Mid March his girlfriend had to leave school do to an incident that basically threaten her life. Before she returned home they contacted the rental office to advise that they could not take the apartment. The rental agent advise them that they would have to find someone to move into the apartment and if, whomever they find does not pay rent they will be held responsible. He also gave them the option to pay $300 to void out the contract after they put down a deposit of $260.00. When I looked over the lease that was signed I noticed that the contract was null in void due to the fact that the agreement has their move in date of 07/15/09 and the move out date 06/30/09. the agent disagree state that the courts will change the date. The dates were typed into the lease but the agent crossed out the original move in date of 07/01/09 and wrote in 07/15/09, but did not correct the lease end date. By this being a binding the contract the moment that the lease is signed by the tenants, are they still responsible for this lease?
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Old 05-19-2009, 06:46 PM
 
2,153 posts, read 3,496,034 times
Reputation: 606
Quote:
Originally Posted by poeticchic73 View Post
My son and his girlfriend was looking to rent an apratment that they found while his girlfriend was attending school in Columbus Missouri. They signed a lease in the beginning of March with an expected move in date of July 15, 2009. Mid March his girlfriend had to leave school do to an incident that basically threaten her life. Before she returned home they contacted the rental office to advise that they could not take the apartment. The rental agent advise them that they would have to find someone to move into the apartment and if, whomever they find does not pay rent they will be held responsible. He also gave them the option to pay $300 to void out the contract after they put down a deposit of $260.00. When I looked over the lease that was signed I noticed that the contract was null in void due to the fact that the agreement has their move in date of 07/15/09 and the move out date 06/30/09. the agent disagree state that the courts will change the date. The dates were typed into the lease but the agent crossed out the original move in date of 07/01/09 and wrote in 07/15/09, but did not correct the lease end date. By this being a binding the contract the moment that the lease is signed by the tenants, are they still responsible for this lease?
That's a very good question. I assume you mean Columbia, MO though. I would actually post this in the Renting section at the bottom of the main forum page. Not sure how that all works itself out. Seems like it would be pretty easy to prove it was an honest mistake, but then again it seems that a contract is a contract. I would venture a guess that because it is such an obvious error the court would change the date.

Try the rental section.
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Old 05-20-2009, 03:43 PM
 
Location: this side of knoxville tn...
253 posts, read 477,555 times
Reputation: 267
in my experiance, ANY changes to ANY part of the contract, from a date change to a crossout/write over....needs to be witnessed and initialed by BOTH parties, otherwise, its hard to prove who change/over wrote what. without initials...whos to say how many times a contract can be scribbled out and written over and still be binding.
your best bet is to ask a lawyer, if your sons girlfriend has a police report or something to verify tha living there would be risk to her, use it to the landlord with request to be released from contract, or the deciding judge in small claims court if need be.
if not, read your contract...does it mention a termination fee/void contract fee??? if not, and its dated for just the one month....then all she would owe is the one month rent as stated and lose her deposit.
again...your best to talk to a lawyer, to many assume the landlord is always right and pay fees they may not normally have to pay....and better yet...put the fear in ya by saying.."will let the judge decide" in hopes that you will buckle and pay, even when they are in the wrong, they dont want to really got in front of a judge either when they are being shady, but they are hoping you will belive all they say.
as far as the new tenant she finds, if your sons girlfriends finds a new tenant...as long as she dont sublease onher own to this new person...the lease is fullfilled...only reason the girlfriend would be responsable for rest of the rent on lease is if no new tenant is found. as long as someone moves in with management approval...landlord cant charge rest of the lease to former tenant, a lease is to insure rent money is coming in each month, a empty rental brings in no money. so if a new tenant is found...problem solved, as long as your sons GF doesnt go out and sublease apt herself, then she is liable for any money not paid as well as damages, if a new tenant is found, and landlord approves, the GF lease is voided out and she isnt responsiable anymore for it. sounds like the landlord is tryen to make extra money and hoping you guys will be guilable enough to fall for it.
a simple thing to do is call your local gov office that deals with rental laws, request a copy to show the landlord, usually that ends his shady dealings, cuz he will then know you can file charges with that office against him.
this is a free service, each state has their own laws in regards to landlords and tenants...these are actual laws....you can request copies be sent to you, you can file wrong doing complaints, etc....most tenants dont think of this and most crappy landlords hope tenants never learn of it, cuz they can be fined, jailed, etc for not following these laws. dont get screwed....get a copy, do all you need to satisfy the remaining part of the lease...be it one month or 12, in your case...1 month, and keep records to show proof, and be sure to tell landlord you know your rights and that you went thru the states attorneys office for rental laws...works everytime if your in the right, they may even be able to look at the lease and tell you what you need to know for free. best of luck!!!!
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Old 05-21-2009, 06:41 AM
 
Location: Missouri
5,835 posts, read 14,521,801 times
Reputation: 4394
It's a typo. Obviously it would be impossible for them to move out 15 days before they move in. The intent is clear and indisputable. Tell your son to either find a new roommate, or pay the $300 (which is not unreasonable). It would have been nice if the landlord cut them a break, but most won't with that sort of thing.
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