<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by julieb:
I signed a Florida lease agreement and there are two very big flaws in it. The first names my husband and I as "landlord" and the apartment owners as "tenant" and the second has to do with the term of the lease....it states that the "initial term of this lease shall be one year and 26 days beginning at noon, january 5th 2000 and ending at 12 noon, january 31st, 2000".
Question: Am I legally bound to a lease through january 31st 2001 or to the latter, january 31st 2000? We do not wish to amend the lease. We just
want out of it as there was a misunderstanding of terms (month-to-month VS one year and 26 days). Are we obligated to pay the cancellation fee with 30 days notice or can the lease simply be considered void/not valid?
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My response:
Your lease is invalid, and unenforceable. There is a failure of terms and conditions, rendering the contract incapable of enforcement. A court only looks to the four corners of a contract, and anything oral in an attempt to cure would have no basis; i.e., no parole evidence can be used. Check to see if there is anything in the contract, toward the end, that says words to effect,
"That the document being signed as the "rental agreement" (or "lease") constitutes the parties' "entire agreement," superseding any other prior oral or written representations made by either; and further, that the rental agreement (or lease) cannot be amended or modified except by a written agreement executed by landlord and tenant."
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited May 09, 2000).]
[This message has been edited by I AM ALWAYS LIABLE (edited May 09, 2000).]
