Is my lease even valid?

[niclea]

What is the name of your state (only U.S. law)? Colorado


My husband and I signed a month-to-month lease in our last house a year ago. The dates on the lease are from November 12, 2007- November 13, 2007. So basically it states it is a day long lease. We lived there for 4 months, and gave 30 days notice before moving out. The landlord has now placed a judgement on me behind my back, I just found out, for $5400 stating it was a year long lease and we broke the lease agreement, even though thats not the case. Is the lease valid in the first place? And can I fight this?


The landlord had me served at an address in a state I dont even live in, and stated that he served my father. We have now found out through copies of the papers served, that my fathers signature was forged, so he illegally served me which is why I had no idea I was served. I have requested that the default judgement be set aside so I have the chance to defend myself. We are now going to court in two months over it. He wants $5400 for the two months it took him to rent the house, which is not our responsibilty, and he also included his airfare and travel to get the house rented and $500 to clean the carpets that were filthy when we moved in and we have pictures of everything before and after moving in. I have two signed copies of the lease with the landlords signature & mine and the other tenant on the lease.

 

[HuAi]

Seems like a valid albeit very strange lease to me. Does it mention any other dates, or due dates for payment, moving out notice etc? Basically is there anything in the lease that conflicts with the 1 day date? I would have a difficult time believing that someone made a 1 day lease for month-to-month situation and more likely that it was a yearly lease with a typo on it.

 

[applecruncher]

I just found out, for $5400 stating it was a year long lease and we broke the lease agreement, even though thats not the case. Is the lease valid in the first place? And can I fight this?

No one gives a lease period of 1 day, and I think you know that. The 2007 was supposed to be 2008.

I don’t think the lease was “strange” – it was an obvious typographical error that the Landlord made, and either the LL or you should have caught it. Did you not read the lease dates before signing the lease? If so, why didn’t you call the date to the attention of the landlord? Could be you didn’t notice it at the time, but at some point I think you did . . .then decided not to say anything because you didn’t want to stay there for a year (the flithy carpet being only one reason). So you stayed 4 months, and thought you covered yourself by giving 30 days notice.

Yes, the LL should have caught the error, but didn’t. The alleged forged signature is another matter, but is separate from the lease issue.

Sure, you can fight it. But if I were on a jury, I would probably not find in your favor.