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My lease states it is a 12 month lease but when the manager wrote it out she put April 1st 2016 to April 30th 2017. I realize we should have caught this before signing the lease but we didn't. The property manager is now saying our lease goes until the end of the written dates. My question is which part of the lease are we supposed to follow, the part stating 12 months or the part with the dates going for 13 months? The other part that might save us is on the lease it lists our monthly rent of $1375 and a term rent of $16,500. So if they want to make us stay until the end of April for the 13 month are we right in saying that's fine but our rent will be paid off after our 12th month rent payment?
If they actually listed a rate of $16,500 for the full term lease, to be paid at $1,375 per month for 12 monthly payments, that is the monetary terms of the lease. Since they are insisting the term ends on April 30th, you can equally insist they abide by the financial portion as well. I think a court will side with you on this as it's standard term financing.
Thank you Rabrrita, I went and spoke with the property manager again today and she is insisting that since we signed the lease with the wrong dates we are stuck and when I brought up the part of the lease that states our total rent due for the term is $16,500 she got defensive and just said a judge will see the dates listed and say we have to pay for those dates. I asked for her bosses information and now have his phone number. My wife and I are going to have my father in law's lawyer take a look and advise us on the contract. If he agrees with you and everyone else we have talked with we will be calling him and seeing if we can get any further with him.
You got a lease which is prorated for the year. You are getting one month free by paying the lower amount.
Watch out when you renew next year, it will be based on the non-prorated amount. you might think you are getting a 200% increase in rent if you think it will be based on the smaller pro-rated amount.
I have the same thing - I got a 12 month lease with one month free. and my lease has the exact same 13 month time period too.
Oh trust me it was not the intent of the property manager to write us a lease for 12 months with one month free but it might end up that way if they don't let us out at the end of March.
Oh trust me it was not the intent of the property manager to write us a lease for 12 months with one month free but it might end up that way if they don't let us out at the end of March.
but you are getting a pro-rated rent rate since you had a market rate at a higher amount and now you are paying a reduced rate for the months that your lease is.
My lease states it is a 12 month lease but when the manager wrote it out she put April 1st 2016 to April 30th 2017.
Unless your move-in date was other than April 1st then this is the term. If it was after April 1st that you took possession then you may have a case.
What is the date of signing?
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