If my real estate agent mistakenly made my lease for 13 instead of 12 months, must I stay the additional month?
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If my real estate agent mistakenly made my lease for 13 instead of 12 months, must I stay the additional month?
I am renting a unit on a 1 year contract. As the termination of the contract approached, I notified my landlord that I was moving out. However, I found that my agent made a mistake when we signed the contract and put the wrong month. The lease is actually for 13 months contract instead of 1 year contract. I appealed to my landlord but she says that I will have to stay the full 13 months as I signed. Is there any way that I can move out of the house earlier ?
Asked on August 12, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In California, the law concerning written agreements that are signed by the parties is that they are presumed to have read and understood its contents ans as such are binding upon them in the absence of fraud.
You and the landord signed the written lease agreement thnking it was for twelve months where it states clearly it is for thirteen months. Under the laws of this State, since you admittedly signed a lease for thirteen months you have a thirteen month lease that you are obligated under.
You can move out of the rented house sooner rather than later, however you would still be obligated to pay the landlord for the time remaining on the written thirteen month lease.
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