Wrong Date on Rental Agreement

fat_man

I have signed A Lease Agreement with my Tenants in last few months. But just checked it now that the Ending Date was wrong but the Starting Date was Right. And the Term of The Agreement is Right as well which is just 6 months. For example (Starting on 01/01/2017 Ending on 01/01/2018 which is 16 Months, but the Term of The Agreement just 6 Months which shows Very Clearly on the Agreement). So is this a point for the Tenants to argue with me by this mistake? Does anyone know something about this? Thanks

rentmekid

Get both parties to sign an amendment!

fat_man

Thanks for your reply. But if another party does not want to do amendment that means it ends on 2018?

beeg0d

I suspect (assuming an absence of break clause) the tennant can stay untill 1/1/2018. general contract rules say when terms on a contract are ambigous or contradictory the term that benifits the person who didnt write/propose the contract is the term used. The expetion to this would be an abvious mistake they can be ruled unenfoeceable, so if the contract says 5 times that the term is 6 months but only once says 12 (01/01/2017 Ending on 01/01/2018 is 12 months not 16) then you can argue genuine mistake.

Miss_Samantha

beeg0d wrote: »

general contract rules say when terms on a contract are ambigous or contradictory the term that benifits the person who didnt write/propose the contract is the term used.

Courts will always try to make sense of the drafting.

Here, as you say, there is an obvious mistake, it's not just a case of bad drafting, so they would try to ascertain which is correct.

davidmcn

I presume there'll be some sort of surrounding evidence about what the length of the agreement was meant to be? e.g. correspondence between tenant/landlord, advert, etc.

always_sunny

fat_man wrote: »

Thanks for your reply. But if another party does not want to do amendment that means it ends on 2018?

if that's what you signed I suppose so.
The agreement may say 6 months, but what happen after expiring?

Have you asked the tenant? Maybe they only want 6 months so it maybe a problem for them too cause they will need to pay rent till the contract's end!

theartfullodger

fat_man wrote: »

I have signed A Lease Agreement with my Tenants in last few months. But just checked it now that the Ending Date was wrong but the Starting Date was Right. And the Term of The Agreement is Right as well which is just 6 months. For example (Starting on 01/01/2017 Ending on 01/01/2018 which is 16 Months, .................

01/01/2017 to 01/01/2018 is 12months 1 day, not 16 months: Not even 12 months!

You really don't want to grant tenancies of 6months+1 day or 12months+1 day. So, if 6 months it would have been 01/01/2017 to 30/06/2017, if 12 months then 01/01/2017 to 31/12/2017.


Confuses the h*ll out of tenant's NTQ dates, and how much rent is due when they leave....

No offence but you seem prone to such simple mistakes (wrong dates, not exactly 6 or 12 months..) should you get someone else to help with the paperwork?