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Old 05-28-2012, 08:51 PM
 
94 posts, read 246,851 times
Reputation: 36

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When we first got our lease, the landlord had put a start date that was wrong. We moved in Aug 15th and he put the July 31 even though he hadn't moved out until Aug 10th. I caught it and he changed it. What I didn't catch was that it now says it's a one year's lease from Aug 15 ending Aug 31. That's 1 year plus 15 days.

At this point I don't know what we'll be doing but if we want to move can he say we're obligated to stay until the date stated which is wrong?

Thanks,
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Old 05-28-2012, 10:01 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by sonno23 View Post
...says it's a one year's lease from Aug 15 ending Aug 31.
Have you been paying rent from the 15th to the 15th or 1st to 1st?
Bottom line? Write a nice letter to the LL to tell him which interpretation of the end date
you would prefer to have and ask him to acknowledge that in writing.
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Old 05-28-2012, 10:23 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Quote:
Originally Posted by sonno23 View Post
When we first got our lease, the landlord had put a start date that was wrong. We moved in Aug 15th and he put the July 31 even though he hadn't moved out until Aug 10th. I caught it and he changed it. What I didn't catch was that it now says it's a one year's lease from Aug 15 ending Aug 31. That's 1 year plus 15 days.

At this point I don't know what we'll be doing but if we want to move can he say we're obligated to stay until the date stated which is wrong?

Thanks,
Well, you signed the lease. Not to be harsh, but the lease should have been read thoroughly prior to your signature. You would have grounds if you could claim that it was a mistake on a material term, but 15 days of a lease that covers 380 days is 3%...likely you will not win claiming that it was a major material term.

Generally, a LL can set all terms in a lease and as long as they are legal (13 months vs 12) you won't get far. You could try, I guess, to take him to court to change it, but as it was a failure on your part to read the lease thoroughly especially as it was an area that you had already requested be changed, it is unlikely you will be able to recover any of your court costs.

Personally, I would say to just let it go if you are not able to talk him into changing it. Even if you move on the 15th of August of next year, if he changes the lease, you will still be paying rent somewhere. An additional 15 days is not that big a deal.

But, yes, you will be bound by the terms of the lease.
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Old 05-28-2012, 10:29 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Leases usually state what the entire amount of rent to be paid is. Assuming that amount did not change I'm not sure it is in your best interest to have the end date earlier.
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Old 05-28-2012, 10:33 PM
 
10,181 posts, read 10,252,518 times
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Quote:
Originally Posted by sonno23 View Post
When we first got our lease, the landlord had put a start date that was wrong. We moved in Aug 15th and he put the July 31 even though he hadn't moved out until Aug 10th. I caught it and he changed it. What I didn't catch was that it now says it's a one year's lease from Aug 15 ending Aug 31. That's 1 year plus 15 days.

At this point I don't know what we'll be doing but if we want to move can he say we're obligated to stay until the date stated which is wrong?

Thanks,
I'm not sure that I understand the problem.

Some people have 8 month leases...some have 11 months and 28 days...some have 12 months and 20 days.

As long as you pay the rent up and until August 15th, no, you don't have to stay. You could have moved out the day after you moved in, as long as you paid the rent.

You ARE responsible and obligated to pay the rent through the 15th of August.
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Old 06-16-2012, 07:03 PM
 
94 posts, read 246,851 times
Reputation: 36
Ok, it's sorted out by default. He sent a new lease for another year with the corrected date on it. That and an 8% raise in the rent which I thought was pretty high especially since we put in a lot of work to make the house much better than it was. Well, silly me. Of course he wants more rent. It's much nicer now!

Also, I just wanted to say that 2 weeks extra or $1500 IS a big deal to me. Maybe not to some. Anyway, now we know.

Thanks again!
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Old 06-16-2012, 07:12 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Quote:
Originally Posted by sonno23 View Post
Ok, it's sorted out by default. He sent a new lease for another year with the corrected date on it. That and an 8% raise in the rent which I thought was pretty high especially since we put in a lot of work to make the house much better than it was. Well, silly me. Of course he wants more rent. It's much nicer now!

Also, I just wanted to say that 2 weeks extra or $1500 IS a big deal to me. Maybe not to some. Anyway, now we know.

Thanks again!
Glad it is sorted out and hopefully lesson learned for the future. If it IS a big deal to you, then you should have read the lease thoroughly.
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Old 06-16-2012, 09:32 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,392,021 times
Reputation: 3421
It could quite simply be the policy of the landlord that all leases END on the 30th no matter when they started. We do the same thing. Occasionally if a person asks specifically to end on a certain date because they know they're re-locating, we will comply - not a big deal. But if they don't, all leases end last of the month. Your LL amended to your satisfaction but next time you sign a contract, read it first.
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Old 06-17-2012, 01:01 AM
 
94 posts, read 246,851 times
Reputation: 36
He's never rented before and he realized his mistake and changed it. I actually didn't ask him to.

And yes! lesson learned!

BTW, do you think 8% rent increase is steep? This is so much more than I've ever experienced. I would think that having tenants who do so much to care for their house where they weren't taking care of it would be worth something.

Thanks
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Old 06-17-2012, 03:19 AM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
The 8% may or may not be steep. It depends on what you are paying and the market rate in the area. I am in rent control and to get me to the same amount the apartment next to me is paying, they would need to do about a 25% increase (yay rent control stopping that from happening). So, really hard to know without knowing numbers.
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