Landlord wanted to amend lease but its a month to month and a one year!?

Really bad lease! just realized went to lawyer, its a month to month and a one year!?


my landlord has not been making their HOA payments or paying clubhouse dues, which were part of the rent and we understood that.


I went to a lawyer who found tons of errors in the lease that I overlooked, the lease is orignially a revised lease that she got to replace a lease we signed with a real estate agent that she fired.





1st mistake it says "tenant entering into a month to month lease" then she typed in her own font oct 1st 2008- september 31st 2009 1 year.


Problem: no september 31st. only 30 days in September,





2nd mistake "tenant must give 30 days notice to vacate" then she typed in 120 next to it.


problem : lawyer doesnt know because its a month to month lease shes typed a 1 year date unto if that line means that i give 30 days notice withing 120 days of lease ending if i plan on moving, or i give 120 days notice but how would u enforce that on a month to month lease.


Various other things lease contradicts itself, what to do





I guess the lease she amended this one with was better and this one is a month to month lease, that shes typed her own stuff over. Is this a really bad lease or no big deal, or what!?



First of all there are laws on what the lease can say in the first place, landlords are restricted on how much notice they can require. No one gives 4 months notice....Why did you sign that !!! Assuming she didn't cross out 30 days or month to month, I would simply give 30 days notice and move out. I would also site and provide proof that the landlord isn't paying on the home or the services that are expected. Mail her the info certified. Move out in 30 days. Worst case the landlord keeps the deposit...that's what you have to lose. In theory the landlord can sue for the time it takes to re rent the place but this is an individual and the person sounds like a fool.





If you don't get back your deposit you either sue or let it go. If you're going to let it go, don't even worry about a 30 day notice. Dont' worry about cleaning the place. Just walk out and mail the landlord the keys. Or just don't pay rent one month and let her evict you and keep the deposit. It will take the landlord a couple months to evict you probably. Oh, final note, even if you don't pay and let her or him evict you, or simply move out before she can, be sure to put the rent in an account to pay her or him later if you get sued (worst case).





I'm sure her lease has a no sublet clause. You should check with the Clerks office to see if she is being foreclosed on and if taxes are unpaid...a note will appear on title.





Just a question: What did you think you were signing...did you agree on one year, etc?




its the landlords responsibility to make sure the lease is legally binding and fair. Clearly she didn't get it checked by a lawyer before presenting it to you. If i were you and wanted to end my lease or propose anything else you wish to do which is not clear on the lease then there is a high possibility the law will work in your favour.




If it is a condo building you can try going to the condo board(no cost).


Otherwise try to move in one month.


Or try a lawyer.


If the landlord is nice she might just fix this for you, so ask her!




Let the lawyer advise you.




I guess you best bet is to give 30 days notice and move.