If you have a year lease but the start and end date on your lease is the same day, are you still legally bound to pay for a year?
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If you have a year lease but the start and end date on your lease is the same day, are you still legally bound to pay for a year?
Our contract says our start date is 2/25/11 and so is our end date. We’ve had several breaches of contract but we just want out. Even though the agreement was a year lease, can we legally get out if our contract says this? Without paying fees?
Asked on May 2, 2011 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, a simply typographic or similar error will not invalidate a lease or any other contract so long as it is otherwise clear--either from other places in the document, or, if necessary, from outside or "extrinsic" evidence--what the parties intended and agreed to. So if from other terms of the lease and/or from other evidence (e.g. notes, correspondence, etc.) that a year lease was intended, then the fact that the date was mistyped will not help you. However, if there have been other breaches, if those breaches by the landlord were serious ("material") enough, they may give you grounds to terminate the lease. You should speak with a landlord-tenant attorney to evaluate your rights and options.
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