Landloard made a mistake in lease renewal letter. chance to leave early? (apartment, lease agreement)
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Long story short. I have a lease that terminates in August 2011. Three weeks ago, I received a lease reneawal notice saying I need to renew or vacate the apartment by May 31/2011. (They made a mistake thinking my lease ends on May 31/2011) I've returned the notice saying I'll vacate by 5/31/2011. Right after they accepted it, they realized the mistake. They left a message to me and a new lease renewal letter.
My question: Since they made a mistake and I've submitted a letter that I'll vacate before May/31, do I get to take advantage of their mistake?
I'm not so sure the above is correct, especially. Do you really want to move by May 31? If so maybe you can run the question by a lawyer. If you don't have a compelling reason to move, then I would move by August according to your lease.
If the letter was a mistake, I shouldn't think it would change your lease. In the law, the concept of intent is very important. It was a mistake (and one that happens quite often when landlords have multiple units, BTW), and it is likely that the law will recognize the mistake as what it is. While I think you talking to lawyer is good if you really want out, I'm doubtful you will get the answer you are looking for.
Also regarding intent: If this hypothetically went to court, you would also need to be ready to explain to the judge why you recognized the mistake, but simply returned in letter (and took to premature move out date) instead of contacting the office about what you knew to be an incorrect termination date for your lease.
A contract can only be changed by the agreement of both parties who sign and attest to such changes - in your case as a lease addendum. So the answer to your question would be a definite no. Sorry.
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It was a mistake, corrected in a timely manner. It will not alter the terms of your lease. You would just be wasting your time adn money trying to litigate it.
Why not ask your LL if you can vacate early? Life happens people move. Our leases have a "buy out" clause equal to 1 or 2 months rent (depending on the property). Tenants who need to move can break the lease, we are fairly compensated and take the risk of having an empty unit for an extended period.
1) They sent you a letter stating to renew your lease or vacate by 5/31
2) You responded to their letter (in writing, I assume) stating that you would not be renewing and would vacate.
If this matter went before a judge, I'm pretty confident that he would agree that what happened constituted a change in the rental agreement agreed upon by both parties, making it 100% legal. The fact that they did this in error would likely be considered irrelevant.
If you really want to press it (and assuming you have supporting documentation) you can talk to a lawyer and try to play hardball. Whether it's worth it is up to you.
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