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Apartment lease question (calling Pit lawyers)

CDeacMan

CDeacMan

Ishmael Smith
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Alright Pit, need some free legal advice. Two years ago my wife and I moved into an apartment on June 15, 2014. On the first page of the lease, one clause says the term is for one year and fifteen days, which would end on June 30th, 2015. But directly below it, there is an incorrect clause stating the term end date is July 31, 2015. Clearly an error (most likely) by the realtor who drafted it, but neither party caught it. Also, in the detail of the term, the dollars of rent total up to the rent to be paid through June 30th, 2015. Last April or so, we told them we'd like to renew for a year term, but the only thing that was changed was a handwritten cross-out on the term end date of July 31, 2015 to make that July 31, 2016, which was initialed by both parties (an error on our part for not seeing the date being incorrect again). Now again I see it as an oversight carrying over from the original lease, but we're moving out by the end of June and the owners are trying to hold us to the July 31st, 2016 date. When we had discussed renewal, we told them we would renew for "another year" which in my mind is 12 months from the end of the first term, which was June 30th, 2015. This is in Virginia. Anyone have any legal/practical advice on this one?
 
My initial thought is that though you may have been ok the first time around, the crossing out of the old date and handwriting in a new date (which you initialed) would probably be a tough fact to argue. You could always fight it but that seems not really worth it. You have two months to go, so what if you were able to help find someone to move in around July 1? My friends did just that last month when they moved out with their lease running until August and the owner had no issues with it.
 
Right I'm certainly willing to assist the owners with finding a new tenant, but I don't want to admit that I agree we owe them for July's rent. They have indicated to me that the realtor they are going to employ has the date of July 31 to work with. Whenever I get contacted by that group, maybe I will be able to work through them. Problem is this is basically UVA campus, and it's probably unlikely to get a new tenant starting July 1.
 
What is the issue with going through until the end of the lease as it is written?

I also think the issue will be that you initialed the other change. Is this by Darden?
 
wfudkn said:
My initial thought is that though you may have been ok the first time around, the crossing out of the old date and handwriting in a new date (which you initialed) would probably be a tough fact to argue. You could always fight it but that seems not really worth it. You have two months to go, so what if you were able to help find someone to move in around July 1? My friends did just that last month when they moved out with their lease running until August and the owner had no issues with it.
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IANAL but this seems pretty spot on to me. Despite the initialing, I guess you could still argue mistake because your story makes logical sense, but who knows if people (a court? if that's what we're talking about) would buy it.

I guess if you can't find someone, you could just not pay the last month and make them try to collect it from you - maybe you could work out some kind of settlement for part of the rent at that point since I doubt they want to spend that much money on a collection agency/going to court to try to collect one month's rent from you. I have no idea what this could do to your credit though so it may not be a wise decision.
 
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Why not just pay the total dollar amount stipulated on the lease then argue it was meant to be a month of free rent.
 
palmab03 said:
Why not just pay the total dollar amount stipulated on the lease then argue it was meant to be a month of free rent.
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Oooooh interesting.....this sounds like it could be promising, at least for leverage purposes in negotiating, assuming that same amount stayed in the lease agreement
 
palmab03 said:
Why not just pay the total dollar amount stipulated on the lease then argue it was meant to be a month of free rent.
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This is a no brainer. So you don't pay the july rent, but you paid the correct total, and everyone walks away in the shape they should be.
 
Toogs said:
This is a no brainer. So you don't pay the july rent, but you paid the correct total, and everyone walks away in the shape they should be.
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Yeah except if this is in tension with the monthly rent number there is a mistake somewhere, and it's far more likely that the monthly rent number would be found to be the right one. It's far more conceivable to have a calculation error on totaling up all of the monthly rents than to have a lease agreement where one month is free. you could use it as evidence that the end date is wrong though.

But regardless you can still use this as leverage with the landlord.
 
Yes that's true. Good points. Cav, the problem with going until July is we are closing on a house at the end of next month and don't need the apartment after about June 15th.


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MysteryMen said:
Yeah except if this is in tension with the monthly rent number there is a mistake somewhere, and it's far more likely that the monthly rent number would be found to be the right one. It's far more conceivable to have a calculation error on totaling up all of the monthly rents than to have a lease agreement where one month is free. you could use it as evidence that the end date is wrong though.

But regardless you can still use this as leverage with the landlord.
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but the term is also listed as one year 15 days. the mistake is clearly the end date
 
CDeacMan said:
Yes that's true. Good points. Cav, the problem with going until July is we are closing on a house at the end of next month and don't need the apartment after about June 15th.


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So you have yourself an extra free month to shag some UVA co-ends since you are (almost) on campus. Duh.
 
If you're in C'ville and your landlord owns more than 10 units, this is a very easy fix.

No landlord in VA is going to bring a lease with such a glaring error (even if it's corrected and initialed) in front of a judge. The dates in question are even in a low-demand period in a college town. It's laughable that they'd risk any reputation over this but they'd love to get the cash out of you.

Call their bluff, I promise. Call their bluff.
 
vtwhat etc said:
If you're in C'ville and your landlord owns more than 10 units, this is a very easy fix.

No landlord in VA is going to bring a lease with such a glaring error (even if it's corrected and initialed) in front of a judge. The dates in question are even in a low-demand period in a college town. It's laughable that they'd risk any reputation over this but they'd love to get the cash out of you.

Call their bluff, I promise. Call their bluff.
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Call their bluff and they will just keep your security payment.
 
I think you had a decent argument until you renewed and initialed July 31, 2016. Tough to argue the lease doesn't run through the end of July at this point.
 
They aren't going to take you to court over a month anyway.
 
So practically though to only give them what I think was agreed to I would have to not give them June rent and then they'd just keep the deposit. We'd be out of the apartment by about June 15th or so but for ten days or so he'd be looking for rent that I don't intend to pay.


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CDeacMan said:
So practically though to only give them what I think was agreed to I would have to not give them June rent and then they'd just keep the deposit. We'd be out of the apartment by about June 15th or so but for ten days or so he'd be looking for rent that I don't intend to pay.


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Yeah I don't think you can do this. You can't withhold rent that you agree you owe (June rent) on the grounds that you think he will unjustifiably keep your security deposit in the future. Especially because until you actually move out, he won't know whether he needs your security deposit to pay for damage you cause.

This is why many leases have clauses that say that the security deposit cannot be used for the last month's rent (and yours might too)
 
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