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Does this handwritten addendum in the margins of the lease supersede the original lease
Anonymous1 views2 answers
I needed a month-to-month lease on an apt. My future property manager said "Yes, we can do that for you". Great! I never would have taken the apartment otherwise.
For the month-to-month arrangement I had to pay a premium above what rent would have normally cost. That was fine.
In the margins of the 6 month lease, the manager wrote "tenant may move out at anytime with 30 day notice". She then initialed this handwritten addendum.
I was satisfied that this short sentence turned that lease into a month-to-month. Am I right?
Four months later I give my 30 days in writing. Manager threatens to sue for breaking the lease. I showed her the addendum. "That doesn't matter" she said.
They say I owe them $1000 for breaking the lease minus my deposit, which they kept.
Will I win in small claims?
Most likely based on your facts.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
You should win on the facts as you state them. A printed form contract can be amended by a notation in writing, signed by the landlord. So they should have honored your 30 days' notice. Landlord may contend that the manager did not have authority to amend the lease. If she signed the Lease itself, then she certainly had the authority to amend the printed terms.
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DISCLAIMER—This answer is for informational purposes only under the system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship.
(Bryant) Keith Martin
sbbizlaw.com
