What to do about a mistake in my lease?

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What to do about a mistake in my lease?

I am now being asked to sign a revised lease due to the fact that the prorated rate (which changed due to a different move in date) was incorrect. If I don’t do this, is the original lease still binding? I want to move-out due to discovering that the residence is infested with roaches (which I was told it didn’t have prior to signing my lease).

Asked on March 27, 2011 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would seek help from a landlord tenant attorney in your are on this matter.  You have a few different issues pending here. One you have what is known as a breach of the warranty of habitability, which means that if the place has bugs the law believes that it is not fit to be lived in.  But you can not just break your lease and move.  You have to give the landlord the opportunity to correct the problem and then if he does not the court will void the lease agreement.  But you may have bargaining power here with their wanting you to sign a new lease.  So go and get some clout and have him or her look at the documents in question.  Good luck.


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