Need help on terminating apartment lease

[Asharus]

Even after my strong suggestions not to renew her lease, my girl signed the contract to renew her previous 1 year lease. However, upon further review, the contract states:

1A. New Term (One or First or Part Yr.) Sept 06 - Aug 07 (it looks like the the landlord originally wrote 08 but wrote over 07)
1B - 1C just indicates the rent/security increase, other optional charges (A/C) and when the increased security fee is due.

2A. Continued New Term (2nd Yr.) Sept 07 - Aug 08
2B - 2C is the same as above and it says "security will increase to XXX and is payable one month before each new lease date Aug 07".

She thought that #2 is an option since the original lease was 1 year, and in her words: "when the landlord asked me last year I told him that I'm not sure, so why would I sign a 2 year lease?"

I read over the lease agreement and it says that if you break lease, you will have to pay 25% of the remaining term (3 months) and you lose the security. Plus you have to pay rent for each month the property is vacant.

I'm really pissed off about this. She's always over my house anyway and never uses the place. Basically the landlord has the perfect tenant... she's never there, and I feel that he took advantage of her by not verbally stating that she's signing a 2 year lease and underhandedly changing it from a 1 year to 2 year renewal.

 

[Uppsala9496]

If 2007 was modified by hand to 2008 and your girl did not initial it (ie., that she agrees it is 2008), then I think you will be able to get out of it.
Basically, it means that the landlord could handwrite a bunch of changes after the fact and screw people like crazy. If she didn't initial it, then you should be good to go.

I am not a lawyer, however I have run into a similar situation (I had to initial a handwritten change on a lease).

 

[RaistlinZ]

Doesn't sound underhanded unless the landlord put that 2nd year on the contract after your grilfriend signed it. But maybe it's not too late for her to speak to the landlord and see if he can adjust it. Has she talked to him yet?

 

[Haui]

Originally posted by: Uppsala9496
If 2007 was modified by hand to 2008 and your girl did not initial it (ie., that she agrees it is 2008), then I think you will be able to get out of it.
Basically, it means that the landlord could handwrite a bunch of changes after the fact and screw people like crazy. If she didn't initial it, then you should be good to go.

I am not a lawyer, however I have run into a similar situation (I had to initial a handwritten change on a lease).

Sounds to me like you guys need to see a lawyer or the police or something on this one.

You could come up WITH money.

 

[Asharus]

Originally posted by: Uppsala9496
If 2007 was modified by hand to 2008 and your girl did not initial it (ie., that she agrees it is 2008), then I think you will be able to get out of it.
Basically, it means that the landlord could handwrite a bunch of changes after the fact and screw people like crazy. If she didn't initial it, then you should be good to go.

I am not a lawyer, however I have run into a similar situation (I had to initial a handwritten change on a lease).

No there's 2 separate portions:

1A. New Term (One or First or Part Yr.) Sept 06 - Aug 07 (it looks like the the landlord originally wrote 08 but wrote over 07)
1B - 1C just indicates the rent/security increase, other optional charges (A/C) and when the increased security fee is due.

2A. Continued New Term (2nd Yr.) Sept 07 - Aug 08
2B - 2C is the same as above and it says "security will increase to XXX and is payable one month before each new lease date Aug 07".

The thing is that on #2 it does indicate 07-08

 

[waggy]

yeap go see a lawyer. that seems wrong.

 

[AgaBoogaBoo]

Have you tried talking to the landlord?

 

[Asharus]

Originally posted by: RaistlinZ
Doesn't sound underhanded unless the landlord put that 2nd year on the contract after your grilfriend signed it. But maybe it's not too late for her to speak to the landlord and see if he can adjust it. Has she talked to him yet?

She wrote him a letter indicating that she will leave at the end of her lease, then he came by and told her that it's a 2 year lease and to read it again. She then told him that she thought it was only 1 year and why would she sign a 2 year if she didnt even know if she wanted to renew it for 1 yr. Then he went on to saying that he does 2 year leases because he doesnt want to spend time advertising it and all that and that he doesnt have time now because he has to rent his other house out.

 

[Mr Incognito]

Looks like she'll be paying rent on that apartment for the next two years.

 

[AgaBoogaBoo]

Originally posted by: Asharus

Originally posted by: RaistlinZ
Doesn't sound underhanded unless the landlord put that 2nd year on the contract after your grilfriend signed it. But maybe it's not too late for her to speak to the landlord and see if he can adjust it. Has she talked to him yet?

She wrote him a letter indicating that she will leave at the end of her lease, then he came by and told her that it's a 2 year lease and to read it again. She then told him that she thought it was only 1 year and why would she sign a 2 year if she didnt even know if she wanted to renew it for 1 yr. Then he went on to saying that he does 2 year leases because he doesnt want to spend time advertising it and all that and that he doesnt have time now because he has to rent his other house out.

Nevermind my last post, I don't have any more advice for you other than that land lords need to show a bit of professionalism.

 

[jackace]

If all else fails grow some mold on the walls and claim its inhabitable.

 

[Asharus]

I faxed over the lease to my coworker's attorney friend, wish me luck.

 

[Ns1]

happened to my friend too. pretty much teh same thing. he had to stay there another year.

 

[RaiderJ]

Check on your local laws. Some of that stuff in that lease would be illegal here, and regardless of whether you signed it or not, the laws don't change.

Many landlords have poorly written/illegal lease agreements.

 

[Asharus]

Update:

GF spoke to the landlord and came to an agreement. She helped him find a new tenant. It literally took 2 days to find one. Craigslist FTW! The new tenant wants to move in on Aug 15th.

 

[AlgaeEater]

Glad it worked out, but that still means the landlord was a prick about the contract.

 

[Asharus]

Thanks, yeah he was but it seems like everything is going to work out. He's just waiting on the new tenant's check to clear.