If the termination date on my lease is mistakenly listed as prior tothe commencement date, does this meanit is invalid?

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If the termination date on my lease is mistakenly listed as prior tothe commencement date, does this meanit is invalid?

Asked on July 21, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether the correct termination date can be determined from either other sections of the lease or from other information/documents (such as correspondence between you and the landlord, an application for the apartment, etc.)  If it can be determined, a court would likely, rather than invalidate the lease, reform it to apply the correct date. To use an easy example: say that the lease states that it is for a period of 12 months. Suppose the start date is 8/1/2011 and the end date is listed as 7/31/10; in that case, a court would have no difficulty in concluding that the end date had a typo in it, should have been 7/31/12, and would almost certainly reform the lease to reflect the correct date. So it depends on whether the correct date can be readily divined.


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