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Old 05-19-2014, 08:15 PM
 
8 posts, read 9,995 times
Reputation: 16

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Hello,

I'm a renter in Nevada and when reading through my 'copy' of the lease I noticed that I had no value on the early termination of my lease. I also noticed that the 10 month lease that I signed was in fact a 9 month lease and was counted incorrectly. The landlord has a copy that is signed by me detailing the charge of 705 for an early termination of the lease.

My question is which of these are valid? Both are signed by all parties involved. There are no initials on any page anywhere so the argument could be made that both were falsified. The lease agreement is also riddled with other problems.

To compound the problem my lease was intially done by the management company WestCorp. Halfway through the lease WestCorp was kicked out and there is a new management company.

Any help or ideas would be appreciated.


Thanks,

Jaime.
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Old 05-19-2014, 08:24 PM
 
Location: MID ATLANTIC
8,643 posts, read 22,792,393 times
Reputation: 10461
Sounds like someone may have written in something after the lease was executed. Problem is, how to prove it? Short of hiring someone to examine his copy (which would be way over $700), I'm not so sure you have any options.
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Old 05-19-2014, 08:29 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,434,581 times
Reputation: 26726
The only thing you can do is bring it to the attention of the landlord. Don't give him the "original" copy of your lease but give him a copy of the "copy" you have and ask him to explain the discrepancies. I don't think you can be legally bound by either at this point if they're both dated the same.
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Old 05-19-2014, 08:29 PM
 
27,206 posts, read 46,532,718 times
Reputation: 15661
If the owner has a signed copy by you than that is enough. Of course the perfect is that both parties sign and both get a copy but for a landlord it is mostly important a tenants signature and for a tenant it is important to have the landlords signature.
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Old 05-19-2014, 08:32 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,434,581 times
Reputation: 26726
^^^ The issue is that the clauses in the two alleged "copies" of the same lease don't match.
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Old 05-19-2014, 08:42 PM
 
8 posts, read 9,995 times
Reputation: 16
I'm sorry just to be clear.

My copy has no fee for early termination of lease.

The landlord has a different version that has a fee of 705.

Both of these agreements are signed by myself, my fiancee and the rental agent and dated the same.
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Old 05-19-2014, 10:26 PM
 
13,056 posts, read 20,713,120 times
Reputation: 21229
Part of it will depend on what state the lease is executed in. As a general rule, if there are Two leases both written, signed and date the same, but one includes a provision or condition absent in the other, the courts will generally go with the one most favorable to the tenant. The assumption is if the tenant has a lease signed by all parties but absesnt some clause/provision/condition/term that benefits the landlord and is in the landlord's copy, it must have been added afterwards otherwise why would the tenant have one without it. You will want to check if your state adopted this general civil procedure.
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Old 05-19-2014, 10:33 PM
 
Location: Silicon Valley
18,812 posts, read 32,262,905 times
Reputation: 38559
You signed a lease with a termination clause that you agreed to. And the landlord has that copy. The error in not putting that into your copy is in my opinion just a scriveners error - a clerk's error. I don't think you can get out of the termination fee by telling the judge you agreed to it, but since it isn't in your copy (by error), that you shouldn't have to pay it.

I just don't think you'll get away with this, if that's what you're asking.
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Old 05-19-2014, 10:57 PM
 
13,056 posts, read 20,713,120 times
Reputation: 21229
Quote:
Originally Posted by NoMoreSnowForMe View Post
You signed a lease with a termination clause that you agreed to. And the landlord has that copy. The error in not putting that into your copy is in my opinion just a scriveners error - a clerk's error. I don't think you can get out of the termination fee by telling the judge you agreed to it, but since it isn't in your copy (by error), that you shouldn't have to pay it.

I just don't think you'll get away with this, if that's what you're asking.
Well based on Justic Court Rules of Civil Procedure adopted by the Nevada Supreme Court, the key is the signing. We need some clarification:

1. Was there two leases copies, one for the tenent and one for the landlord that were signed at the same time by both parties?

2. Did you sign one or two leases and the landlord signed when you were not present?

3. How many are original leases and how many are copies, Who has what?
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Old 05-19-2014, 11:06 PM
 
8 posts, read 9,995 times
Reputation: 16
I have to check with the new management company and ask for a copy of the one they have. I believe what happened is below:

I have a signed copy of an original lease.

I signed only one lease. I believe that the original management company switched out the first page with an updated page after I signed the lease and included the change in the termination clause. There are no initials on either page other than a signature at the bottom of the second page. After a quick glance at the second page the current management has on file it is identical to the lease copy I have.

Last edited by jp07ev; 05-19-2014 at 11:09 PM.. Reason: grammatical error
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