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JasonM · Joined: 19 Aug 2004 Posts: 6

When I signed the lease for my apartment, it was on the 13th of the month, and I paid the rent for the current month, plus deposit, right then. The landlord wrote on the lease, that the rent is to be paid every month on the 13th, beginning with the following month. The landlord told me he was going to make a copy of the lease and for himself, and leave the other copy in the apartment for me. I came back a few days later, and the lease was lying on the kitchen counter, BUT, before making the copy, he changed the rent due date to the 1st (without consulting with me) of every month. Is it possible that my lease is void because of this change? I did sign the lease, agreeing to pay on the 13th. I never agreed to the 1st. I am wondering this because I desperately need to break my lease, and I'm hoping this will help me do that.

hotxanthi · Joined: 01 Aug 2007 Posts: 1

No, you can't get broken on that flimsy of a technicality. The landlord can always claim it was an honest mistake and he would be HAPPY to accept your rent payments on the 13th.I would be interested in seeing a copy of the lease...how did he change it from the 13th to the 1st? Crossed it out? Used white-out? Corrections are allowed on contracts, ONE line is marked through the error, and the correction is made with both parties initialing the change...white-out is not permitted on any real estate contract.Keep in mind, that unless the landlord agrees to break the lease, to enforce something like that you would have to go to court, and a judge isn't likely to rule in your favor.Just because a PORTION of the contract can be voidable (which isn't the same legal definition as void), doesn't negate the ENTIRE contract.

DebbieR · Joined: 16 May 2005 Posts: 4

Why on earth did you sign WITHOUT taking away your own copy especially when you added an unusual term to the contract? Proving the unusual term will now be difficult but, even if you succeed, it's probably not a FUNDAMENTAL term or one that might reasonably provide the option to terminate without penalty. But law is geography sensitive so Google the terms, 'landlord tenant' along with the name of your province or state to get the rules for your location. New Jersey, I learned today, is pretty open about terminating a lease.Now you see why they call it unlucky 13.

ideally_rational · Joined: 19 Aug 2004 Posts: 4

Normally, a person pay the first month full rent and the security deposit. The 1st month rent would be from the 13th - 12th of December. December 13th you would pay the proration of days between December 13th-31th. January 1st you would pay one month full rent and every month thereafer on the 1st of the month.I think that your landlord did not know how to prorate the rent and he just wanted the money.

SeanM · Joined: 04 Nov 2005 Posts: 6

the best to void or break a contract is talk to the landlord directly. I don't think he is in the business of collecting rent when you don't really want to be there. Just pay a fine then move on, don't bother with the little "technicality" mumbo jumbo..

Goldrake · Joined: 03 Jan 2006 Posts: 3

Actually the lease is void since it was never ratified.He wrote on the lease the rent was due the 13th of each month. You agreed, signed the lease with this agreement. Before he signed (ratified or accepted the lease), he changed the terms. In this case, he would have to have you sign this change. If you did, the contract would have been ratified and in full force. Since he changed the terms/lease, the contract hasn't been accepted by all parties.However, you didn't say which month. If you haven't moved in and haven't started to make rent payments, I believe you could void the lease. However, if you have moved in and/or started payments, you have accepted the lease and it would be much harder to get out. If necessary, see a lawyer.