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would like to know if I have an invalid lease..

Discussion in 'Rental Agreements & Subleases' started by mikeirby11, Jun 26, 2016.

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  1. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    Hello I would like to seek advise. I just recently moved into an apartment 2 months ago with the understand of a signed agreed year lease. Well there is multiple things stated in the agreement that I feel makes it's invalid. 1. All information is supposed to be clearly listed in lease and my landlord failed to provide his name as landlord on our lease, no name is stated as the landlord anywhere on my signed lease. Also,
    2. It state in section 4 of the lease about renewal for next year term. And he ask for 1st month last month and security in the agreed lease as well (these statements suggest that this is a yearly lease), but section.1 term of lease states our term begins 4-1-2016 and ends 4-30-2016 (one month term)is it an illegal clause to write a contract that state information for year term but term section states lease ends 1 month after signing.

    Does either section of this information make my lease invalid
     
  2. army judge

    army judge Super Moderator

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    Without reading your ENTIRE lease, anyone commenting would be guessing.

    Don't post your lease online, for obvious reasons.

    Have you discussed your observations with your landlord?

    Are you desirous of wiggling out of the alleged lease?

    I suppose the lease was sloppily executed.

    Have a discussion with the landlord about anything that puzzles you.

    If you argue the lease is invalid, or voidable, the landlord will argue the contrary view.

    You're headed for an unpleasant disagreement, but your calm, studious, informed, pleasant approach as you discuss this could win you some accommodation.

    See how a friendly chat plays out, otherwise a contentious, time consuming court battle could await.
     
  3. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    Thank you for your response yes the lease is very sloppy. As of now I am preparing to go to court next week due to the landlord filing a complaint for "refusal to pay rent" and "breech of contract" according to him (this was done in June this month). Contrary to that it stated in my lease the term supposedly ends 4-30-2016 as written and the lease also says there is a automatic renewal for a one (1) month period without landlord and tenant signing new agreement and if landlord or tenant wish not to renew it must be 30 day writing so according to that I'm understanding that my lease ended as of May 30th after the one month extension. Would that be correct?. Also he served a 10 day vacate notice June 2nd after the terms state that the lease ended. So I jus recently put a counter claim in against him for return of my two months rent that was paid, moving fees plus security. Is not proving your name as landlord on the lease enough ground to consider the lease void?. If I explain my evidence to the judge is it possible to get a ruling of invalid lease. along with a judgment in my favor for the cost I ask for. Thank you for your help.
     
  4. army judge

    army judge Super Moderator

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    A judge might be convinced that you're no longer bound by the lease for a couple of basic contract flaws, namely "no meeting of the minds".

    That is it was a one month lease, masquerading as a one year lease, with terms so confusing, most people wouldn't know it's intent, other than to collect monthly rent from you.

    I don't see you getting a refund for something you've used, two month's rent worth of housing.

    The deposits, again, who knows?

    If the judge is a tenant, a ruling might lean more to your LL.

    If the judge had a bad experience as a tenant, things could shift your way.

    Truth is, each case is unique, as is each judge, which means the outcome is unique, too.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    What you have to understand is that you don't need a written lease to be obligated to pay rent for the place you live.

    So if you are being evicted through the courts because you didn't pay rent, a sloppy lease isn't going to help you.

    Further, you should have read and understood the issues with the lease before signing it and taking the place. You obviously didn't do that and now you are clutching at air to try to get out from under the non-pay eviction.

    I think you will lose.
     
  6. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    Thanks very much for the information i appreciate everything you said.
     
  7. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    Adjusterjack Actually that was just the forefront of it if I don't get a judgement for a invalid lease I have plenty more things on him so thank you. He provided the wrong notice so by law he Is wrong and two I have proof he denied the payment but thank though I have all the info I need.
     
    Last edited: Jun 26, 2016
  8. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    Adjusterjack I take you as being a landlord typically "landlord comeback" no proof thanks anyway.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Not that I have to justify myself to you but, yes, I was a landlord in the past. Got out of it 18 years ago. I've been answering landlord-tenant questions on legal websites for 15 years and have studied statutes and case law for all 50 states.

    My advice is just as often pro-tenant as it is pro-landlord and, of course, depends on the circumstances.

    You've come here to be patted on the head and told that everything will go your way and you are upset because that didn't (and won't) happen.

    Good luck with your litigation. Feel free to come back and let us know the results.
     
  10. mikeirby11

    mikeirby11 Law Topic Starter New Member

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  11. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    I already knew you were a landlord from the last comments I have good common sense and also can comprehend the law. I know my case already I wasn't coming here to get a pat on the head I was coming here to receive other people opinion about my situation people who can answer me logically with evidence about if I was right or wrong. I did enough studying of the law and also the landlord tenant act I don't have to explain myself because I know my case just was accepting input from smart people on here that's all. Not info from people who is butt hurt about their past tenants all y'all landlord that comment on the internet say things because y'all are upset against tenants. But as I said before, thank you though. I'll see what the judge says though.
     
  12. mikeirby11

    mikeirby11 Law Topic Starter New Member

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    I'm not upset by the way ur the one that really sounds mad haha. Have a good day. Old Landlord.
     
  13. adjusterjack

    adjusterjack Super Moderator

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