If my name is incorrect onmy lease canI break it?

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If my name is incorrect onmy lease canI break it?

My apartment is trying to say that I owe them $500 in late fees. But according to my copy of the lease contract our names on the lease aren’t the same as the ones on our license. They are different names on the lease than our legal names. Since the contract is for different names can we break our lease?

Asked on November 19, 2010 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your name being incorrect on a lease that you had signed would NOT be sufficient grounds to break your lease.  You are correct that a lease is a contract, but in order to stop your performance of contractual obligations, there has to be a material breach of the contract.  A minor breach by the other party such as an incorrect name is not sufficient to justify stopping performance of your contractual obligations by breaking your lease.  The remedy here would be reformation which is correcting your name on the lease.


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