I moved into this apartment about 6 months ago and I have a year lease. My lease states an address that is different from the place I am staying, I do not even know if the office is aware of this fact. I was not aware of this either until I looked over the lease because of another incident to see if it was breached by the landlord actions. I would like to move out of this apartment because of poor office managment. The lease states that it is not valid if I cannot move into the apartment in a reasonable amount of time from the start date of the lease. The start date was 6 months ago and I am not in the apartment on this lease. Although I am in an apartment I am not in the one stated on this lease. Is it valid?
Personal Injury Lawyer
This appears to be a situation of mutual mistake. You and your landlord expected to be bound by the terms of this lease when you signed it and you expected it to apply to the property over which you took possession. Regardless, once you took possession of the property in which you now live and started paying rent, you created a tenancy there. Even if specific lease provisions in the contract do not apply, you must comply with your state landlord-tenant laws. If you act on the assumption that the written contract does not apply, then you will still have to give your landlord notice of your intention to terminate the tenancy at the end of the next month. Your landlord may then sue you based on the contract for the rent you owe for the rest of the year. It could get messy. I would recommend that you discuss this situation with an attorney to determine your best course of action. You may also be able to terminate the tenancy based on your landlord's breach.
Best of Luck,
Robert C. T. Reed
Disclaimer: This response is offered for educational and guidance purposes. It is not to be relied upon as legal advice. My having addressed your question has not created an attorney-client relationship between us. You should consult an attorney licensed in your state for more specific advice and information.