Is typo in rental contract enforceable My lease agreement is ending in about a week and I want to move. However, my landlord is saying that I am unable to because I did not give him a 30 day notice stating my intent to leave the property. Without the notice he says that the lease is automatically renewed. After reviewing my lease it somewhat says that but there is a typo. It says that I must notify him at 'lease' 30 days prior to moving as opposed to 'at least.' Is this still enforceable? Am I stuck here for another year?
A typo in a contract does not ever void the contract. If the typo changes the meaning of the contract from what was actually intended, then it is up to a judge to interpret the contract and whether it is reasonable that a person would assume its intended meaning. In your example, it is obvious that the word "least" was meant to be there and not "lease" - as the alternate word makes no sense in context - so a judge would not void the contract or release you from your 30 day obligation (which is probably even granted to the landlord by local laws regardless of whether it was stated in the contract). Even misspellings of people's names or addresses on a lease do not void a contract if you have already paid or taken up residence. If any of these situations were brought to court, the judge would just amend the contract to a corrected version that would then serve as the contract between the two parties, replacing the version with the typo. This is known as contract reformation.
You could first look for a force majeure clause in the lease which says something about natural disasters and the like. If there is a clause which says e.g. "Landlord will not be held responsible for problems arising from ice storms", that doesn't help you, but maybe it specifies e.g. rent reduction of $2/day for lack of electricity. That doesn't mean he can ignore the law. However, in this situation, a particular reading of the law ("there must be an infallible supply of electricity") imposes an impossible requirement on the landlord, and the courts probably won't require a landlord to do the impossible. It is not clear that your situation violates either the letter or the spirit of the law. Take clause (d): your "heating facilities" presumably conformed to applicable law at the time of installation and have since been maintained, and they are adequate, but they don't work if the grid doesn't supply power (and that is not a matter under the landlord's control). In other words, he provided the "infrastructure", and the problem is on the power company's end. Likewise "electrical lighting with wiring and electrical equipment" -- an ordinary interpretation of that clause is "wires and fixtures", and doesn't include "flow of electrons", which is supplied by your local power company.
There are several questions in the OP. The answers to all of them depend on the lease terms. If Person A wants out of the lease, is the only option to just try to negotiate a way out of their portion of the lease with the landlord, presumably by payment or other means? Yes, usually. Regardless of who is on the lease, Person A is on the lease. In order to terminate or break the lease, Person A will have to negotiate termination. Most residential leases provide for joint and several liability for lease obligations. That means the co-signed lease is like three non-exclusive leases, one each between landlord and Persons A, B, and C. So Person A has to find a way to break the Person A lease. Other than a breach by either party, that likely can only be done by negotiation with landlord. What rights do Person B and C have if Person A does stop paying? Absent some other relationship or understanding between them (that is, other than the lease,) likely none. Persons B and C are each fully responsible to pay all of the rent. In other words, as far as the landlord is concerned it does not matter who pays the rent as long as it gets paid. If it doesn't get paid, the landlord can evict and sue all 3 for non-payment of rent. But the lease likely does not discuss the relationships between A, B, and C - whether they pay pro rata by time in the unit, by space used, per capita, or whatever. Landlord doesn't care, and is not the counterparty to those decisions. That said, if there is a relationship between A, B, &amp; C (for instance, if A &amp; B had a contract describing who would pay what, and B entered into another contract with C,) that will determine their relative obligations. The landlord agrees to allow the lease to be amended for another person, person C to be on the lease. Person B negotiated this with the landlord without consent of person A. This may create liability between B to A, C to A, or B &amp; C to A. It is even conceivable that it creates a liability from landlord to A, if A had a reasonable expectation that the lease would not be amended absent A's consent. And the amendment may not be enforceable against A. So, for instance, A may be able to kick C out of the unit and bar C from reentry. It will not effect A's liability to pay rent.
The relevant law in California is here. In your situation, it is presumed (as you both agree) that you have a month to month agreement. §1946 states that A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; In other words, the landlord has to give you 30 days advance notice to terminate the lease, and you have to give 30 days advance notice to terminate the lease (and it must be written notice). The section continues: provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. which effectively says the same thing, specifically appliedd to month to month leases. There is some leeway on terminating a lease: It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. But you would have to establish that there was such an agreement (I assume there was not). §1946.1 asserts that a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section. That is, a lease is automatically renewed in your situation unless notice has been given. Moreover, A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. What you are proposing contravenes this provision of the law – from your description of the facts, you did not give notice 30 days before now. So your obligation to the landlord exists to the end of May. Bear in mind that the law imposes obligations on both landlord and tenant: just as the landlord cannot throw you out without proper notification, you cannot walk away from your obligation without proper notification. §1951.2 addresses breach of lease and abandonment by lessee (you) if a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates. Upon such termination, the lessor may recover from the lessee: (1) The worth at the time of award of the unpaid rent which had been earned at the time of termination; (2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided; (3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided; and (4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee’s failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom. There are, also, no special exceptions about landlords selling their property that allow instant termination. That is, you still owe the month's rent, even though the lease is ending at the end of the month. You could of course ask the landlord to forgive you that last month's obligation. I am assuming that the lease was terminated properly by the landlord. If it was not, the landlord has not legally terminated the lease and it will continue until someone does properly terminate the lease. That might provide incentive for the other party to just forget the last month's rent, but it also might not.
The terms of the lease are subject to Ohio's law. The only option for a tenant terminating a rental agreement is ORC 5321.07(B)(3), in response to failure to fulfill obligations under 5321.04. Those obligations relate to safety and health, keeping things in good working order, not abusing access and privacy rights. There is no obligation to make the tenant happy. As a general rule, when you sell real estate, rental agreements transfer from seller to buyer. If they did not, tenants could be evicted as trespassers or rents could be raised massively within the period of the lease. The tenant's obligation remains the same, and it has simply been transferred to another person.
on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a party of the contract. So the fact that the property manager is fired completely unrelated to the existing contract. Additionally, in most jurisdictions that I know of, even if the property changed ownership (the landlord sold or gifted it, or the landlord died and it was inherited by someone) the contract would still be in force, as the change of situations would not invalidated the rights and obligations of the other parties.
Charlie is not a party to the contract between Alice and Bob Alice and Charlie have no contractural relationship and Alice cannot require him to do anything nor is he liable to Alice in any way. Alice’s issue is with Bob who has clearly breached his contract. Alice can sue Bob for damages and may be able to end the lease. There is no trespass because Charlie is there with the permission of the leaseholder. From Charlie’s position there is no reason to believe that Bob does not have the authority to give this permission so Charlie is not in breach of the law. The police will see this as a civil matter and won’t intervene.
We don't give specific legal advice and one might VTC, but I think your phrasing is not quite right, and you are just curious about the possibility of binding the landlord to a term across leases. The first thing that a term in a contract has to so is say exactly what must be done by whom (or not done). You need to describe more precisely what it means for all future rent and rent increases to be commensurate with the current rent. You can think of conditions like &quot;no more than 2% per annum&quot; or &quot;no more than 15% per annum&quot;, and then you can figure out what number is acceptable to the two of you. I would be surprised if you could come up with an agreeable number. Second, you'd have to make this limit &quot;perpetual&quot;, which is pretty much impossible. You could negotiate the terms of the next lease today which would prevent an increase of rent by more thay you're happy with, but until governmental controls say exactly what a legal rent increase is, the property owner has the right to raise the rent by a million dollars, and you have the right to move elsewhere. It's as hard to permanently lock a landlord into an arrangement as it is to lock a tenant into renting a specific residence. Every year, you have the right to terminate the lease if the rent goes too high for you, and every year the landlord has the right to raise the rent if the current arrangement isn't sufficiently profitable. Incidentally, you might want to check with AHFC to see if you can actually do this. Your expectations don't determine what relief they provide, just make sure that you provided accurate answers to their questions and reported all income that you're required to report.