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Old 04-03-2011, 06:54 PM
 
9 posts, read 44,455 times
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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?

Thanks for your help.
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Old 04-03-2011, 07:07 PM
 
Location: Orlando, Florida
43,854 posts, read 50,867,688 times
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I would think your original LEASE agreement dates would be applicable and followed by the courts.
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Old 04-03-2011, 07:34 PM
 
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Thanks.
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Old 04-03-2011, 07:40 PM
 
4,399 posts, read 10,628,708 times
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Quote:
Originally Posted by hdkbl622 View Post
Thanks.
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.
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Old 04-03-2011, 07:47 PM
 
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Thanks I'll contact run the question by a lawyer.
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Old 04-03-2011, 09:52 PM
 
Location: Indianapolis, IN
914 posts, read 4,432,757 times
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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.
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Old 04-03-2011, 11:05 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,429,325 times
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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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Old 04-04-2011, 01:56 AM
 
Location: When you take flak it means you are on target
7,646 posts, read 9,882,762 times
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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.
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Old 04-04-2011, 08:59 AM
 
9 posts, read 44,455 times
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Thanks for all thehelp. I'll stay. It's only another 2 months. Opting out early requirest a 2 month penalty and 3 months rent... it's ridiculous
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Old 04-04-2011, 03:11 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 22,957,195 times
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Let's look at the facts here.

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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