Lease and Rental Agreement?

Business 2 views 2 answers
I have a lease agreement with my apartment complex. The front page of the lease states the time from December 25, 2011 to December 25, 2012. Our Reservation agreement states that the lease is from December 25, 2011 and lasts 7 months not a year. Is this a cause to void the lease do to misleading information on both of the contracts. The apartment manager is rushing us to sign a NEW LEASE for 7 months. We have not signed it but we are trying to get out of the lease. So my question is if the lease is now void or not. Would we have to pay any fees to the aparment if it is in void and can we move out for free.

Attorney Answers

2
Thomas John CestaBankruptcy AttorneyMesa, AZ ·
The contradicting statements will not render the lease void. But the length of it will need to be determined. It may be that other parts of the contract help to clear up the confusion. You need to consult an attorney for a complete review of the contract to determine what the lease term is. You may also hire the attorney to write to the complex about the confusion, or to terminate the lease. However, without reading it, I cannot say what the term really is.
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Martin Bearg ·
As noted by the other attorney, it appears there was an error in the drafting of the contract/lease. This is evidenced by the manager seeking you to sign a new lease. Since it appears the first agreement was entered into (without you reading it and the landlord not recognizing the error) due to a mutual mistake, the contract is probably voidable. This leaves you with a month-to-month tenancy. If you give notice now (on or before February 28th), you can vacate by March 31. I would check with local counsel who handle landlord/tenant matters.
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