If there is a mathematical error in my lease that affects the amount of rent that is paid to the landlord, are we legally binded to comply?
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If there is a mathematical error in my lease that affects the amount of rent that is paid to the landlord, are we legally binded to comply?
In my 1 year housing lease which dates 917 of last year – 9/10 of this year. It states that the overall rent coverage of the lease is $86,000 payable in monthly installments of $7,500. The first month’s rent was prorated at $3,500 and 11 months of $7,500, plus the $3,500 equals $86,000. My landlord has informed me that we will owe rent for the last month prorated at $2,500 but that rent is not included in the $86,000 stated on the lease. When I asked him about it, he said it was a mathematical error. Are we legally binded to pay rent $2,500 for part of the last month?
Asked on August 20, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, if the lease was prepared by your landlord and there is some ambiguity as to it, the ambiguity is to be construed against the person who drafted the agreement and in favor of the one who did not. In your case, you should take the position under the law that any ambiguity as to the lease should be construed in your favor as to any amount claimed owed that is in dispute.
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