Rental Lease Term
The first lease we signed was an annual tenancy commencing on the 16th day of April 06 with no specified end date, though it would be May 31st 07 according to the annual tenancy clause. Our landlord continuously delayed getting the second year lease to us. We continued to pay rent. When he finally delivered the lease to us, it was the end of July, over a year later. Assuming the start date of the second lease would be shortly after the end date of first lease, despite the delay on landlord’s part, it was signed and we stayed another year. It is now May 2008 and we are ready to find a new place to live…however the dates on the second lease read August 1st 07 thru July 31st 08.
As a result of our landlords delay, we signed into a second year lease which actually ends more than a year later. Is there any legal ground on which we can dispute this due to the 3 month gap between the two lease terms?
Re: Rental Lease Term
Unfortunately, no, you are bound by the terms of the lease. After the first lease expired but before the second lease began, you were in a month-to-month tenancy under law. Once you signed the second lease, you became bound by the terms of that second lease, including the expiration date of the lease.
Your best bet is probably to approach the landlord and advise him/her that you are planning on moving and wanted to know if you could end your lease early. Landlords are usually reluctant to grant early termination of a lease, but they usually realize that if they don’t grant it, the tenant might just walk away and they would have to sue the tenant to collect the unpaid rent, a position no landlord wants to be in.
If you are on good terms with your landlord and you approach the situation calmly and reasonably, you might be able to terminate early. If he/she doesn’t want to let you out early, you could suggest splitting the difference – leaving halfway between now and then or paying the landlord a fee to get out.
Good luck!
Diana Bartolotta
B-Law LLC
P.O. Box 150
East Hampton, CT 06424