Typo On Lease Agreement
Myself and two room mates signed a ”12 month and 0 day” lease starting July 19, 2002 however, the end date written into the lease states ” through and including July 31, 2002”
Although we provided the landlord with over 60 days written notice that we would be vacating July 19, 2003, he has advised that he intends to hold us financially responsible up to and inlcuding July 31, 2003.
Please advise who should prevail when a contract contains a typo of this nature.
Thanks a million!
Re: Typo On Lease Agreement
I hope you realize that it would cost you more in filing fees, time, and effort to dispute this difference than it would to pay through the end of the month. And, you might lose. I would pay him, cut your losses, and move on. Otherwise, it may also adversely effect your credit and, of course, your references.
Cheryl Rivera Smith
The Smith Law Firm
11660 Creek Point Drive
Frisco, TX 75035-8278
Re: Typo On Lease Agreement
Without trying to guess on who would prevail in a lawsuit, which may depend on other facts, the law generally provides a remedy for what is essentially a typo or scrivener’s error. In this case, it seems that both parties knew it should read 2003 and acted accordingly, so if any lawsuit were filed, the landlord would jsut ask the court to reform the contract to state 2003. In this situation, it may be better to just forget the typo and follow the deal rather than risk bad credit, collections, or the like.
Scott Riddle
Scott B. Riddle, Attorney
Suite 1530 Tower Place, 3340 Peachtree Road
Atlanta, GA 30326