I was facing a marital separation and moved into an apartment. I was given an option of a 9 or 12 month lease and then terms went to month to month. I chose the 9 months and signed a disclosure. I repeatedly told the management that 9 months was my request. Upon signing they stated, you are signing a 9 month lease. I replied yes. It was October 2012 at the time . Unfortunately she put September 2013 as the lease end making it 12 months and I never caught it. That was the only place on the agreement with a specific time indication otherwise I would have caught it, but in retrospect I think September being the 9th month threw me off. Fast forward to this year in May, I give my notice and they tell me in you signed a 12 month. They are maintaining that the lease trumps the disclosure.
Real Estate Attorney
A lease is a contract and if they have a specific disclosure and you have a copy that should settle the matter. Specific clauses have priority over general terms. If there was no agreement then the contract is invalid except for the part that was performed such as rent, occupancy and so on. The disclosure will be an important part of your defense. Do not take advice form the other side and property managers are not usually trained to interpret contract law.
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