My land lord says i have a 13 month lease i say six; what is it?

Question

Ok here is the deal. i want to move out in 2 months. i say i am doing exactly what the lease says but my land lord says i have a 13 month lease.

this is exactly how my lease is typed out [i will leave out names].

THIS AGREEMENT, entered into this may 1, 2009 to june 1,  2010 by and between ___ _____ LLC, hereinafter Lessor, and  ,, hereinafter _____ _ _____

WITNESSETH: That for and in consideration of the payment of the rents and the perfomance of the convenants contained on the part of the Lessee, said Lessor does hereby demise and let unto Lessee, and Lessee hires from the Lessor those premises described as: located at **___ ____ ______ for a tenancy for six months lease  comencing on the May  1 day of 2009 and at a monthly rental of Eight Hun dred and No  Dollars payable monthly in advance on the 1st day of each and every month, on the following TERMS AND CONDITONS: Landord pays monthly for All Utilities  Monthly by the Landlord Name ______ _ _____ ____ _____ LLC
A refundable rental deposit of $ four  Hundred Dollars applies to this rental agreement for all roommate in the Home Share Rental Agreement Non Refundable
1. Lessee agrees to pay rent each month of the form of one personal check OR one chashier's check, cash  or one money order made out to ___ ____ ___ LLC his portion of rent from the total amount due of ($800)


{it goes on to talk about rules late fees etc...}

now here comes the part of how this lease is broken.

21. TERMINATION.  This Agreement and the tenancy herby granted may be terminated at any time by either party hereto by giving to the other party not less that on full month's prior notice in writing. After expiration date of the Lease Agreement



the above is taken directly from the lease exactly as it is written (including spelling and spacing etc...)


so do i have a six month lease, or do i owe her for the rest of the year? I thought that the contract was for the 1 year period and the leas obligation was for 6 months. so that the rules set in the contract were for one year but that after the 6 months i could move out or whatever without penalty. 
also do i have to give her the address of the place i am moving to?

before i get berated by some of you. i have paid rent ontime or early, never been a problem to her at all. I just want to move (found a much better place etc..)

** she just put the street address of the house but not the city county or even the state etc....

Glenn S · Accepted Answer

The agreement clearly shows that the lease goes from May 1, 2009 and terminates on June 1, 2010....that is 13 months.

All the Termination clause is saying is that at the end of the lease period (the 13 months) the tenancy goes to  month to month tenancy and at that point (after the 13 month time period) either party can terminate the agreement with a 30 day notice.

Rule of Law:  Hand written or fill in the empty space clauses always takes precedence over boiler plate (non hand written) when there is a conflict between the two.

Since you know the address, the city, and the county and have been living in the property leaving that information out of the document still makes the contract legal and binding.  It doesn't matter what you thought you were signing.  The fact is you did sign a 13 month lease agreement.

acermill · Answer

Your lease contains contradictory language.  You are resting on the clause concerning 'six months', while attempting to ignore the date frame clearly indicating thirteen months.  Should this come in front of a judge, it will end up being a decision made based upon the intent of the signers of the lease agreement.  Verbal comments mean absolutely nothing in this scenario.  A judge will decide on intent, and my guess is that your landlord will prevail.  Why ?  Because of the specific time frame (dates) indicated, and given that most residential leases are for at least one year.  Sorry, but be prepared to lose.

Mr Placid · Answer

Wht did you & your landlrod agree to when you signed the lease?  If your agreement was for a six month lease, then its six months.  If you agreed to 13 months, then its 13 months.  You can't agree to a 13 month lease, then change your mind midstream and decide that an error in your paperwork entitles you to move out early.  Likewise, landlord cannot agree to a six month lease, then change his mind midstream and decide that an error in the paperwork entitles him to extend the lease to 13 months.

Your agreement is what controls.  The lease document is simply *evidence* of your agreement, not your agreement itself.  But, if you & your landlord are completely at odds over the correct lease duration, then it will be up to a judge to decide.  But, here's a hint:  If the "june 10 2010" term is handwritten, and the "six months lease" is part of the boilerplate, then I can practically guarantee that a judge will rule that your actual agreement was for 13 months.  Can you understand why?

Anonymous · Answer

keep in mind, THE regulation includes ethics besides as letter of the regulation. Having somebody on your unit by utilising-passes strict ethics except you get written permission from the LL whilst the guy is approximately to apply the water and help placed on out the carpet. I advise this; locate a hire-decision domicile and have the two one in each and every of you progression into it. till ultimately then, casually, without saying something, pay the greater month-to-month value.

gafpromise · Answer

Most judges would go by the date, which would be 13 months. It is a discrepancy, but I would think the dates are pretty clear.

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My land lord says i have a 13 month lease i say six; what is it?

5 Answers