Landlord Says I Broke My Lease
My question involves landlord-tenant law in the State of: Texas
I have an issue with a previous lease of mine that has just come to light and am not sure how to proceed in correcting the matter. I lived in an apartment for 5 years, renewing my lease every year, 12 months at a time. The last two lease agreements have incorrect dates listed for the length of time until expiration of the lease. They both show a date range for 13 months each (March 1st, 2011 to March 31st, 2012). The first sentence in the lease agreement states the agreement shall be for 12 months and 0 days. I moved out the day that my lease was supposed to end after the 12 month period. Management is saying I owe them money because I didn’t stay until the end date listed on the lease, even though it clearly reads 12 months and 0 days, not 13 months and 0 days. I would like to know if I have any type of recourse for this.
Thanks
Re: Landlord Says I Broke My Lease
Recourse for what? If all they're doing is saying, "You owe us a month's rent", you can respond, "No, I don't."
As a general rule, an ambiguity in a contract is construed in favor of the party who did not draft the contract. Unless they can point to something in the surrounding discussion or communication that would suggest that the intent was to enter into a 13 month contract, I suspect they would have a hard time convincing a court that this was intended to be a 13 month contract. You say that the last two leases are for thirteen months - if the second-last lease was also for "March 1st, 2010 to March 31st, 2011" and they had you sign a new lease effective March 1, 2011, that suggests that even they thought the prior lease was for twelve months.
Re: Landlord Says I Broke My Lease
I was a landlord for 20 years and I agree with Mr Knowitall's analysis.
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tophatter14
I would like to know if I have any type of recourse for this.
Thanks
Your recourse, at the moment, is to point out their error and see what comes of it.
Re: Landlord Says I Broke My Lease
I was going to make that point to management but wanted to get some advice before hand. The information given to me from management in an email states that even though the lease points out that it is for 12 months and 0 days, I am liable for their clerical error. I also, just for information, used the dates in my original post as an example as to not ramble on. What happened was my second to last lease was written having the dates of March 1st, 2011 to March 31st, 2012. The last lease was written having the dates of April 1st, 2012 to May 31st, 2013. Both agreements contain the statement that they are for 12 months and 0 days.
Re: Landlord Says I Broke My Lease
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Quoting
tophatter14
I was going to make that point to management but wanted to get some advice before hand. The information given to me from management in an email states that even though the lease points out that it is for 12 months and 0 days, I am liable for their clerical error.
You aren't.
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Quoting
tophatter14
I also, just for information, used the dates in my original post as an example as to not ramble on. What happened was my second to last lease was written having the dates of March 1st, 2011 to March 31st, 2012. The last lease was written having the dates of April 1st, 2012 to May 31st, 2013. Both agreements contain the statement that they are for 12 months and 0 days.
Well, your option is to say no and see what happens.
If you get sued you defend.
If they wrongfully apply your deposit to that month, then you sue.
The lesson for today is: When somebody puts something in front of you to sign, make sure you read it. You should have caught this the first time and insisted on a correction before you signed it.