Landlord Question and Answer Forum

The lease agreement 'Term of Lease' says "shall commence on 14th day of April 2011, and shall continue for a period of 12 months and 16 days thereafter, ending at 5:00pm on the 31st day of May 2012." The lease should have said "1st day of May 2012.". Additionally, the 'Rental Amount' says " ... agrees to pay the Landlord as rent.... total sum of eight thousand one hundred dollars and no cents ($8100.00).... shall be payable in equal monthly installments of six hundred seventy five dollars.... on the first day of each and every month throughout the term of this Lease." Question - May I hold the renter to the 'Term....' and require another monthly installment of $675? or, does the 'Rental amount' override the 'Term...' and the renter gets one month free --- due to the typo?

A valuable lesson learned. Never enter the total amount. Only state the monthly amount due. Hard to say how a court would rule on it. Judges tend to favor tenants. Suggestion- discuss the matter with the tenant about the error. They just might agree it was an error and agree to changing it. If they do, make sure both of you initial/date the change. If they disagree, see if they’re willing to split the difference. -------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Thursday, May 3, 2012

Judges use common sense or what the intent was for badly written contracts. The 12 months and 16 days spells it out. I would think that the term is to May 1st. But obviously, next time only state the monthly rent due on the 1st of each month.

Posted by Andrew R, UT on Friday, May 4, 2012