Ambiguous Lease - Both month to month tenancy and 12 month lease? (apartment, tenant) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

howardjones48 · 04-18-2009, 10:31 PM

I've been at my apartment about 6 months and noticed a conflicting rental agreement. The landlord checked off both month to month tenancy and 12 month lease on the rental agreement.

Babytarheelz · 04-18-2009, 11:03 PM

What did you intend going into it? Is it suppossed to be a 12 month lease? Were those intentions noted in your application paperwork? If so, then your rate was likely based on it being for 12 months and not month to month, so it would be unfair of you to try to take advantage of a clerical error just to get out of your lease. If it was suppossed to be month to month, then you could certainly argue your position should he take you to court (which yes, he can do and can damage your credit as well if he chooses to pursue you for your lease break).

Ultrarunner · 04-19-2009, 12:50 AM

Are you sure the 12 month lease doesn't revert to a month to month after the initial 12 month lease term?

If the owner did in fact check both boxes... it would seem the option is yours.

Recently there was a case like this in Alameda County. The owner said his manager made a mistake and the Judge sided with the Tenant because the business providing the rental agreement is held to higher standard.

Babytarheelz · 04-19-2009, 07:33 AM

I see you edited your question? Are your intentions to break your lease as you orginally implied or not?

gea12345 · 04-19-2009, 11:25 AM

Quote:

Originally Posted by howardjones48

I've been at my apartment about 6 months and noticed a conflicting rental agreement. The landlord checked off both month to month tenancy and 12 month lease on the rental agreement.

Don't you know if you have a year's lease to turn into month to month??

I have that and i think most people have that, unless they live somewhere that requires that you renew your lease.

Find out if it is a years lease. If so, then you are obligated for 12 months or finding someone to sublet if this is allowed or if the lease does not speak to it or move if too terrible and make sure the landlord is doing their best to rerent it.

Go to your free legal aid service in your city or nearest city and ask them!

good luck!