Can I get out of a lease if my name is spelled wrong on it?

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Can I get out of a lease if my name is spelled wrong on it?

I’m in a lease with 2 roommates who I’m rather not fond of. I’ve lived here for some time and have paid rent several times. But, after reviewing the lease contract, I see my name is spelled very wrong. Is it possible for me to pressure my property management company to letting me out of the lease without paying the fee’s and whatnot since my name is wrong? I have signed the lease with my proper signature.

Asked on February 6, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, a mispelling has no legal effect. All that is necessary for a contract, in terms of naming or identifying the parties, is that the proper parties be identifiable. A mispelling does not prevent the proper party--you--from being identified, and therefore held to the lease. This is especially so since 1) you indicate the signature is correct; and 2) you have been living there, so clearly you are the correct person on the lease. There is, from what you write, no doubt but that you are the party on the lease.


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