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Error in Lease Term - Is The Lease Still Valid?

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  • 07-11-2007, 06:58 AM
    kenwilkes
    Error in Lease Term - Is The Lease Still Valid?
    Standard GA rental lease

    lease term is from May 15, 2007 to May 15 2007

    Same day same year. Landlord meant to May 15 2008

    does this void the lease or just a typo

    thanks

    Ken
  • 07-11-2007, 02:01 PM
    Mr. Knowitall
    Re: Error in Lease Term - Is The Lease Still Valid?
    You've moved it? To the extent that reformation is not permitted, the lease would remain binding but you would be a month-to-month tenant. To the extent that a court permits reformation, your intention to have a one-year lease would be applied.
  • 07-13-2007, 09:58 AM
    kenwilkes
    Re: Error in Lease Term - Is The Lease Still Valid?
    I'm not sure I understand. Due to the error it's now a month to month lease ?

    I'm not sure what reformation is ?

    Thanks for your advice
  • 07-13-2007, 11:17 AM
    aaron
    Re: Error in Lease Term - Is The Lease Still Valid?
    Where a written contract doesn't accord with the parties' actual intention, a court may grant "reformation" - relief which brings the contract into accord with their expectations. As in your case both you and the landlord desired a one year lease term when the contract was entered, a court could reasonably reform the contract to hold you both to that term despite the clerical error.
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