Advice - Does the Addendum control?

We signed a residential lease in 2005 which has been amended twice to extend it.

The original lease clearly states that it is only for one year, and paragraph 22
says

"RENEWAL/EXTENSION. The Lease can be renewed or extended only by
written agreement signed by both Landlord and Tennant, but the term of a
renewal or extension together with the original Lease Term may not exceed
one year. A ne Lease is required for each year"...

but the Addendum says

"Whenever a provision of this Addendum shall conflict with a provisions
of said Lease, this addendum shall control"...

I need to get out of the lease and so I need to know if I can legally get
out because the term of the original agreement has now been extended for a
total of 3 years...

[msg]

The addendum does control.

Review your lease and see if it has any terms that may support you and in any case ask the landlord to work something out--many will do something for you in medical situations or other emergencies...if there are any problems you could try to point those out as reasons for leaving as well; finally most landlords actually will not sue for the amounts owing after a broken lease, though they may try to report it to your credit agency; you are only liable until they re-rent it in any case so if you can find someone to take it, that may also help...

[OHlandlord]

msg is correct. The addendum always is the controlling form. It is the latest and most recent signed agreement.

Chris you don't want out of the lease because you have been there more than 3 years. What is the reaon you need to break your lease? How much time is left on the last lease? Unless you are a military member being called to active duty or a victim of domestic violence in fear of your life, you won't have a legal reason to break it. But, as msg said, lots of LLs will allow you to break for medical reasons (many without penalty). Some will allow you to break for a job transfer. Do you have a good reason, or you just want to move?

Without a legal reason, you best answer is to negotiate with your LL. He may allow you to break your lease if you can find a suitable replacement that meets his criteria. Make sure this person signs a new lease with the LL to break yours, and get it in writing that he will allow you out without penalties if you find the replacement.

Another option is to sublet the unit if you are allowed. Would one of your friends like to take over your lease? Be aware that this is less desirable than having them sign a new lease. You will still be responsible if the sub-leaser doesn't fulfill the lease terms.

One last option is to negotiate a lease break fee with the LL. This fee should be no more than the amount the LL would receive in court were he to take you to court for breaking your lease (usually 2-3 months of rent at most). If you are collectable (good credit, have a job, etc.) many LLs WILL take you to court to recover their lost rent until it is re-rented, advertising expenses, utilities you were responsible to pay, and any other costs they suffer by way of you breaking your agreement. Additionally, in some states, the LL has NO DUTY to try and re-rent the unit. That is, he has no duty to mitigate damages. If you fall in one of these LL-friendly states, he can attempt to sue you for the rest of the lease amount.

Your best option is to negotiate your way out. And remember to get any agreement you have with the LL in writing (making sure it says he will not hold you responsible for any more rent.) Good luck.