My daughter signed a one year lease (as typed in on the top of the lease) on Sept 1, 2005. Sometime in June she received a notice saying her lease was up on July 31, 2006. Upon calling the rental company and explaining that she needed to be there until the end of August (the end of the 1 year), she was told she would have to sign another 1 year lease as the first lease was dated to end on 7/31/2006 (hand written in). Does the hand written date override the typed lease terms?
2006-08-03 16:05:53 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
One would have to read the entire lease to know for sure, but if she signed it with the date written in, it would seem that that was the agreement. She could wait until she is evicted, that should take about a month.
2006-08-03 16:14:57 · answer #1 · answered by Linda 5 · 0⤊ 0⤋
Your question doesn't state when she actually signed the lease. For all we know, the 09/01/05 could be a type and maybe the lease actually is up on July 31, 2006. It's already August now and she can stay if they accepted the rent.
But don't rely on the advice you receive in this forum. Unless the responder is an attorney in the state where this occurred, the answer you receive won't be based in fact.
2006-08-03 23:56:27 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Did she sign the lease with the hand-written item on the paperwork? If so-- then yes it does override the type written lease. If not; then they are obviously lying and you will have to contact an attorney (if you want to take it that far.)
Also, if she WAS there when they added something hand written to the lease-- they should have had her intial it.
2006-08-03 23:11:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Only if it was hand-written in before both parties signed the contract. Hand writing overrides typed content on a contract based on the Uniform Commercial Code. If she has a copy (multi-part, carbon, fax or photocopied) without the hand written date but does have the counterparty signature, then her's would be considered original. If she doesn't have a copy, then there's going to be a problem here.
2006-08-03 23:12:46 · answer #4 · answered by oldmoose2 4 · 0⤊ 0⤋
Was it written by the building manager and signed?Was there a witness for this?These are the question you should be asking your daughter.If the lease was changed by the proper person the company has to complie.
2006-08-03 23:15:01 · answer #5 · answered by jean l 2 · 0⤊ 0⤋
dunno
2006-08-03 23:08:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋