If the date is wrong on the lease and we do not like the place we live can we leave on the date it has ?
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If the date is wrong on the lease and we do not like the place we live can we leave on the date it has ?
Our move out date is in May , but the lease
was supposed to be for a year . If we leave in
May , it would only had of been for 4 months
Asked on February 6, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is something else in the lease stating that it is a one-year lease, then it is very likely you can move out after one year: in that case, since one-year leases are common and there is a contradiction in the lease itself as to duration, a court would likely find that it was intended to be one-year lease and the printed date was a typo--and courts can "reform" leases to correct typos.
But if the only indicia of duration is the date and there is nothing in the lease itself contradicting it, then that date will be held to be the expiration date. When contract (and a lease is a contract) is clear and unambiguous on its face, courts wll enforce it as written.
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