Is my lease valid
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Is my lease valid
I have a lease for a mobile home park. That has the name of that mobile home park on it but the lease is for a house and not a mobile home the lease also says I moved in on 04/01 when I actually got the keys on 04/16. Now I did sign this lease without reviewing because I trusted the landlord and I know this is on me. I have not yet moved in and I have found that there are structural problems with the property. Is this lease still valid with all of the incorrect information on it?
Asked on April 17, 2019 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Minor incorrect information like you describe does not invalidate a lease--rather, it is treated as a typo, subject to correction. That they call the dwelling a house, not a mobile home, is irrelevant; that you only received the keys on the 16th means that you would not have to pay rent for the 1st through the 15th (they can't charge you before you have possession), but would not terminate the lease--it just entitle you to a rent credit or abatement, if applicable, but is not material enough to void the lease entirely.
The structural issues would allow you out IF 1) they are serious; 2) they were known, or logically under the circumstances, must have been known to the landlord; and 3) they affect safety or habitability or will cost you personally a significant sum to correct. If all those conditions are met and the landlord did not disclose a known serious condition affecting the hability or safety of the home or causing you to incur large costs, that would be fraud and fraud would void the lease.
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