renewed lease...forgot date...lease valid?

[ths]

What is the name of your state? Wisconsin

Hello,

Here's our situation:

We (Wife and I) have an offer to purchase a home that has been accepted. Our lease ends July 31 and we want to close and take occupancy of our new home April 30. Obviously we want to break our lease.

We are in the second year of that lease. On July 24 of 2003, near the end of the first year, we simply resigned the old lease (both our copy and landlord's copy) with new signatures and new dates NEXT TO OUR SIGNATURES but didn't change the lease years earlier in the document. Hopefully that would mean we simply reaffirmed that we indeed HAD a lease but did not RENEW the lease.

My question: If we re-signed a lease but did not change the effective dates of the lease, have we defaulted into a month-to-month situation or is there some "good faith" clause here that would make the lease valid?

Essentially I'm trying to find a loophole to say, "No, our 1 year lease has now become a month-to-month, here's your 60 day notice (five months too early)."

Does that make sense? My lawyer is in Cancun (lucky stiff) until the 2nd, we'd like to give notice before the 1st of March.

Thanks,

Ty

 

[CA. LL]

NO dice!!!

There is a mistake--an admin error. When there is a unilateral mistake in a contract which is known to the benefiting party it becomes a mutual mistake of a material fact. You both know it's a mistake. A court would not force a landlord to suffer such a huge financial loss--inequity--simply for an admin error. You have all the elements of a contract in place--offer, acceptance, consideration, for legal purpose, and capacity to contract.

You could submit your written notice. Once you move out in breach, the landlord will have a duty to attempt to mitigate damages--procure a new customer. In the meantime, perhaps you could attempt to find a new customer to mitigate damages yourself.

 

[FarmerJ]

Many courts do hold the LL to a higher standard when it comes to contracts and possible errors Your best advice is to consult with a atty on this matter , one who specializes in real estate law. ALSO you can do tons of things to make it easy to show the apt now like going and getting a self storage unit and begin to empty out stuff you wont use until june like xmas stuff swim things halloween decor etc . then get your rental unit so clean that the people who see it think that the place is great . Do all you can to help line up replacement tenants .

 

[ths]

Thanks people,

In my heart of hearts, I know it's a legally binding document. I was just hoping that in some legal judgement, this had arisen and the courts had sided with me, not them.

We haven't approached them yet, I'm sure they will work with us and we'll all be happy in the end.

Ty

 

[HomeGuru]

Thanks people,

In my heart of hearts, I know it's a legally binding document. I was just hoping that in some legal judgement, this had arisen and the courts had sided with me, not them.

We haven't approached them yet, I'm sure they will work with us and we'll all be happy in the end.

Ty

**A: now this writer knows the deal. Good luck to you and I wish more tenant writers on this website were as intelligent as you.