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  1. #1
    uclatommy is offline Junior Member
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    Error on Lease Agreement. Is contract invalid?

    What is the name of your state? California

    I'm trying to cancel a lease contract that begins next month. As I'm reading the contract, I notice an error in the dates relating to lease term. It reads:

    WITNESS: That for the consideration of rent payments and covenants adherence on the part of the Tenant, the Owner rents to the Tenant and the Tenant hires from the Owner the premises known as Apartment #[number] at [address] upon a year tenancy commencing on the 1st of June, 2006, and terminating on the 31st day of May, 2006.

    Since the termination date is before the commencement date, does that mean the contract is invalid? How do I get out of this contract? Send Notice of Intent to Vacate? I'm not even living there yet. Or do I still need to sign and Agreement to Terminate Lease?
  2. #2
    CALIF-LAWPRO16 is offline Junior Member
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    Quote Originally Posted by uclatommy
    What is the name of your state? California

    I'm trying to cancel a lease contract that begins next month. As I'm reading the contract, I notice an error in the dates relating to lease term. It reads:

    WITNESS: That for the consideration of rent payments and covenants adherence on the part of the Tenant, the Owner rents to the Tenant and the Tenant hires from the Owner the premises known as Apartment #[number] at [address] upon a year tenancy commencing on the 1st of June, 2006, and terminating on the 31st day of May, 2006.

    Since the termination date is before the commencement date, does that mean the contract is invalid? How do I get out of this contract? Send Notice of Intent to Vacate? I'm not even living there yet. Or do I still need to sign and Agreement to Terminate Lease?
    My response:

    The lease is invalid.

    IAAL
  3. #3
    uclatommy is offline Junior Member
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    Wow, I guess I lucked out. Can anyone else confirm that the lease is invalid?

    In the contract, it states that after the lease term, the contract turns into a month-to-month tenancy and any party may terminate the agreement with 30 days written notice. Should I give a written notice of intent to terminate just in case?

    What would happen if they tried to sue me for the rent? I have a xerox copy of the lease and they have an original. Is it possible that they could try to alter the text and argue that I've altered the copy? Or am I just being paranoid?
  4. #4
    StickyFingers is offline Member
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    1st of June, 2006, and terminating on the 31st day of May, 2006.
    Yep...IAAL is right, if your dates are right.

    Ever hear the statement that "If it don't make sense it ain't right" ?

    Care to revise your post to get an accurate answer?
  5. #5
    StickyFingers is offline Member
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    Quote Originally Posted by uclatommy
    Wow, I guess I lucked out. Can anyone else confirm that the lease is invalid?

    In the contract, it states that after the lease term, the contract turns into a month-to-month tenancy and any party may terminate the agreement with 30 days written notice. Should I give a written notice of intent to terminate just in case?

    What would happen if they tried to sue me for the rent? I have a xerox copy of the lease and they have an original. Is it possible that they could try to alter the text and argue that I've altered the copy? Or am I just being paranoid?
    Hon, review your lease, especially the dates, then get back to us.

    Please review the other posts on this thread.
  6. #6
    ENASNI is offline Senior Member
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    Thumbs down

    This is squalid.. and squinqable and anything I think of that would make IAAL think he could make an imprint upon.
    Do you want your Deposit back too?

    Haa..
    Yeah, you might have some rights under the law, but are you gonna screw them? Hmmm?
    ARE YA?
    IF YES?
    IAAL Lives In LA you can Join the cult of the un-living there.


    Beam me up Scotty
    If No... Forgive me for being ... well .. not worthy of thinking people can be human.
  7. #7
    StickyFingers is offline Member
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    Quote Originally Posted by ENASNI
    This is squalid.. and squinqable and anything I think of that would make IAAL think he could make an imprint upon.
    Do you want your Deposit back too?

    Haa..
    Yeah, you might have some rights under the law, but are you gonna screw them? Hmmm?
    ARE YA?
    IF YES?
    IAAL Lives In LA you can Join the cult of the un-living there.


    Beam me up Scotty
    If No... Forgive me for being ... well .. not worthy of thinking people can be human.
    You are forgiven...

    But he question is...Will Scotty beam you up?

    Or are you stuck with us here?
  8. #8
    CALIF-LAWPRO16 is offline Junior Member
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    Quote Originally Posted by ENASNI
    This is squalid.. and squinqable and anything I think of that would make IAAL think he could make an imprint upon.
    Do you want your Deposit back too?

    Haa..
    Yeah, you might have some rights under the law, but are you gonna screw them? Hmmm?
    ARE YA?
    IF YES?
    IAAL Lives In LA you can Join the cult of the un-living there.


    Beam me up Scotty
    If No... Forgive me for being ... well .. not worthy of thinking people can be human.

    My response:

    You must be drinking the same bourbon as Blonde Lebenese. You're just as stupid.

    IAAL
  9. #9
    ENASNI is offline Senior Member
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    Thumbs down

    This is squalid.. and squinchable and anything I think of that would make IAAL think he could make an imprint upon.
    Do you want your Deposit back too?

    Haa..
    Yeah, you might have some rights under the law, but are you gonna screw them? Hmmm?
    ARE YA?
    IF YES?
    IAAL Lives In LA you can Join the cult of the un-living there.


    Beam me up Scotty
    If No... Forgive me for being ... well .. not worthy of thinking people can be human.
  10. #10
    CALIF-LAWPRO16 is offline Junior Member
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    My response:

    Let me guess, ENASNI . . . not even your mother signed the birth certificate, right?

    IAAL
  11. #11
    StickyFingers is offline Member
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    Quote Originally Posted by CALIF-LAWPRO16
    My response:

    You must be drinking the same bourbon as Blonde Lebenese. You're just as stupid.

    IAAL
    GEE..you just put it so......so....out there more than I.

    I guess the word 'couth' is not in your vocabulary?

    All good I guess....couth or uncouth....Maybe it needs to be said.

    Trust me... it would please me ( to an extent you can't imagine) to screw with BL....But I am better than that.

    So please bash on....
  12. #12
    ENASNI is offline Senior Member
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    When your moon is in the other house and your cake is left out in out in the rain.

    Sheesh people. You with the knowledge that just leave people with with knowledge like Da Vinci's Code are no better than Blonde Lebonese after a bender.

    Give me a break and start helping these people a little.

    OP. Some people will say that YES you have an invalid contract. However you also have to consider the fact that we do not know if we do not know if this is a NEW contract or a renewal and what you are trying to do to do to get get out of this and why. If it is an ERROR you might not get an out in a JUDGE's eye.

    Eat roaches and die IAAL. excuse me Op.. (tourette's)
  13. #13
    Shay-Pari'e is offline Senior Member
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    [QUOTE=incircles]Don't let them get to you! Another set did the same to me and worse! This is a property owners venting forum. They neglect the law and tenants and take their frustrations out here. A contract is a contract! Ever heard the saying "read before you sign"? They hate that!

    Have you paid any money up front? If not close to May 31st send a true copy of the agreement and underline the error and attach a letter that the contract is invalid and you are no longer interested. If you have paid monies, search the statutes and look up Tenant landlord termination of lease or rental agreement, what ever it is in your state. Follow the terms to the Tee, you will have to go to court to have some or all of your monies refunded.

    Who jumped on the poster?
  14. #14
    Zigner is offline Senior Member
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    It's a one year lease commencing on 6/1/06. The incorrect date on the termination might not be considered important enough to invalidate the lease. It also would depend on the date the contract was signed. It's up to you if you want to roll the dice on that one and hope the judge views it as more than a simple clerical error.
  15. #15
    ENASNI is offline Senior Member
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    Quote Originally Posted by Zigner
    It's a one year lease commencing on 6/1/06. The incorrect date on the termination might not be considered important enough to invalidate the lease. It also would depend on the date the contract was signed. It's up to you if you want to roll the dice on that one and hope the judge views it as more than a simple clerical error.

    IF it is a one year lease (probable) THAT is what I was getting at before IAAL and his groupies jumped in.

    Thank you Zigner... for bringing in the LOGIC and the LEGAL . Oy

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