Written Vs Typed Lease Contract Langauge

I had been in a lease purchase contract about 6 months ago. The entity that we were doing this through had their own standard lease contract and purchase option contract. In type in the contract it specifies it is a 12 month agreement, but in blanks near that they had filled in dates of a 24 month period. As well, the purchase option part of the contract is for 12 months. The way we understood it was it was a 12 month lease with a mutual option for a second year if financing wasn't obtained. Anyway, today I recieved a court summons that they are trying to sue us for judgment for breaking the lease. My understanding of contract law is that written can be given more importance but if it is totally contradicting a typed portion of the contract it should be initialed by all parties. It clearly specifies 12 months and they have hand written in a 24 month period. (IE....June 1, 2005 and June 1, 2007). What recourse do we have as this was a very confusing contract? As well, it was specific to their company. It was not just a general lease contract. They have created it themselves and I can not imagine it hasn't created confusion before.

[OHlandlord]

Sounds to me like a 12 month lease that automatically renewed for a second year, but I can't say for sure without reading the lease. Why are they suing you for breaking the lease? Are you still living there? Did you move out? If so, what were the original dates of the 12 month lease and the ending date to obtain financing? More info is needed please.

We moved out at I think 15 months with notice. They are saying it was a 24 month lease. So they are trying to collect an additional seven months of payments. The purchase option says financing has to be obtained at 12 months. The lease in the typed portion says specifically a 12 month period and then they wrote in from the months of AUG 06 to AUG 08 in blanks near that contract specificatio but it was not initialed by any of us. That is where I believe they have left us an out. Everything else in the contract is on a 12 month basis.

Sounds like a self renewing 12 month lease. It automatically renewed when the first 12 months ran out. You cannot leave in the middle of a 12 month period. You violated you lease by moving out during the contract, you violated your purchase agreement by not obtaining financing within 12 months. Depending on the state, the landlord MAY be obligated to mitigate damages by attempting to re-rent it quickly. What type of notice did you give prior to moving out? You are responsible for the rent until it is re-rented, advertising costs, agent fees if one is used to find a new tenant, and possibly utility costs if they were your responsiblility under the lease. If you fall in one of the 12 states that say a LL has no duty to mitigate, the LL can let the place sit empty and you will beresponsible for everything until the dates of the written contract expired.

Usually when there is a discrepancy in the contract or an error, if the tenant could tell what was supposed to be the term or item in question, it is accepted as fact by a judge. IN your case, the dates clearly showed a 2 year term. Even if the second year was a mutual option, by staying past the first 12 months, you automatically renewed for the second year. I sure hope you are not in one of those states where he doesn't have to mitigate.

Actually I re-read the contract and it specifies that anything beyond the initial contract is on a month to month basis and a 30 notice is required by either party. So, therefore it would not automatically renew. It appears it would be up to a judge about whether the contract was written to be a twelve month or 24 month.