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#1
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| I live in Texas. I signed a lease contract in April, 2000 for my apartment, with the manager of the complex. At the beginning of October, I received a notice on my door stating that my lease was about to expire (on October 31, 2000) and I decided at that time to move to another complex. I sent written notice to the manager, stating that I would be moving in 30 days. She acknowledged receipt of said letter. (Verbally, although I do have a fax confirmation sheet.) I found a new apartment, put a deposit down (that check has been cashed, btw), was accepted and have yet to sign the lease. (My move-in date for the new place is Oct. 28, at which time I will sign the new lease.) Today (Oct. 20) the manager at my current residence called to tell me she made a mistake, my lease is not up until April 2001, and I will be responsible for that rent. (i.e., 6 months of rent) So. I pulled out my paperwork that was signed back in April. Turns out that the expiration date on that lease is April 30, *2000*. (I signed that lease on April 29, 2000.) My questions are: Will I be held to the *letter* of the lease (meaning that I should have been out of here in April 2000 and should now be free to go) or the *intent* of the lease (meaning that the 2000 date is just a typo and I'm really obligated for another 6 months)? Do I really have to fork over 6 months' worth of rent if I do have to abide by the *intent* of the lease? Is there any reason (other than damage or cleaning charges), when I do leave, that this complex could keep my security deposit? |
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#2
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| <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by stephanie_blue: I live in Texas. I signed a lease contract in April, 2000 for my apartment, with the manager of the complex. At the beginning of October, I received a notice on my door stating that my lease was about to expire (on October 31, 2000) and I decided at that time to move to another complex. I sent written notice to the manager, stating that I would be moving in 30 days. She acknowledged receipt of said letter. (Verbally, although I do have a fax confirmation sheet.) I found a new apartment, put a deposit down (that check has been cashed, btw), was accepted and have yet to sign the lease. (My move-in date for the new place is Oct. 28, at which time I will sign the new lease.) Today (Oct. 20) the manager at my current residence called to tell me she made a mistake, my lease is not up until April 2001, and I will be responsible for that rent. (i.e., 6 months of rent) So. I pulled out my paperwork that was signed back in April. Turns out that the expiration date on that lease is April 30, *2000*. (I signed that lease on April 29, 2000.) My questions are: Will I be held to the *letter* of the lease (meaning that I should have been out of here in April 2000 and should now be free to go) or the *intent* of the lease (meaning that the 2000 date is just a typo and I'm really obligated for another 6 months)? Do I really have to fork over 6 months' worth of rent if I do have to abide by the *intent* of the lease? Is there any reason (other than damage or cleaning charges), when I do leave, that this complex could keep my security deposit? <HR></BLOCKQUOTE> The year 2000 is a typo but you can claim that L agreed to the date that you would move out. |
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#3
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| L told you to leave; you said OK. L can't now come back & claim you have to pay rent until next year. L will argue that the notice was obviously based on a mistake, but you will argue that you thought L wanted you to leave by Oct. 31 & you agreed to terminate your lease early. L acknowledged this & has presumably been showing the apt. Leave on schedule if you want to move. Otherwise write L & say you will stay. L will try to withhold all your deposit & you will sue L for willful withholding & get double your deposit back. Be sure to give L your forwarding address & be present at the inspection so you can do any last-minute cleaning L points out. ------------------ This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. ppls@qwest.net - please include some facts so I know who you are! |
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