Am I responsible for payment of a month not included in the lease due to clerical error?
Full Question:
My wife and I have lived at the same apartment community for two years. We are moving and have hit a problem that we need legal counsel with. Our first 12 month contract we signed was from June 1, 2005 - May 30, 2006. When we were given our second contract, the apartment community made a mistake and dated it for July 1, 2006 - June 30th 2007. We didn't see the mistake and we signed it. This totally skipped the month of June, 2006.
We have been planning on moving May 30th of this year (thinking that was when our lease was up) but it was brought to our attention by the apartment office that we have to pay through June 30th. The leasing office has agreed that it was THEIR mistake but that we are legally bound until June 30th and they don't seem willing to work with us. The way I look at it (and am wondering if it would hold up in court) is that if they want to read it that way, then legally, we were not contracted to pay for the month of June, 2006 (which was lost in between the lease agreements) and therefore, should be reimbursed the amount for that month. What should we do?
We are double paying for one month already on our new place and this community, and this will make two months of double paying, which in Southern California is extremely difficult. Any advice would be highly appreciated!
04/09/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: California |
#2837
Answer:
If you only have an oral contract for one month, then you are a tenant-at-will. A tenant-at-will can convert to a lessee by thereafter signing a lease. Generally, where the lease requires a renewal (a new contract) at end of the term, and the term ends without such a renewal, the tenancy has terminated. However, if the landlord has accepted rental and permitted the tenant to remain, a tenancy-at-will has been created. If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancy-at-will is created.
