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Old 01-23-2007, 02:52 PM   #1
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BLAH BLAH BLAH.....Lease Question

Hey i know this is the off topic thread but i was hoping someone might chime in with some advice. i have to move from my current rental apartment and in there is a temination section. it states i can leave with 30 day notice by letter with a penitly fee of ______ and thats blank. it also states that i only have to pay for the last month i am there etc.....

now to my question. the landlord has the orginal copy i have a carbon yellow copy. on mine and her copy she took a blue highlighter and marked through the section with it. not line per line just marked though it similar to a snowflake style star. she is stating this marking is her way of saying that i cannot terminate my lease because she marked it out. (if so why did we not both Intial it??).

what would a court say about this mark.

i plan on following it to the T to terminate my lease and wait for them to come after me.

any laywer's out there able to offer me some advice on getting them to back off.

thanks for your time
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Old 01-23-2007, 05:08 PM   #2
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If there are no initials, and you don't have the markings on your copy, they didn't exist when you signed, at least in a third party's eyes. I am not a lawyer, but have dealt with real estate contracts (not exactly the same, but same principle) for about 15 years now. Sounds like there is no penalty to cancelling your lease early.
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Old 01-23-2007, 05:19 PM   #3
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I agree with Jeeperman. If you haven't initialed anything, and don't have that information on your copy of the lease, then it is not binding in the agreement. I am not a lawyer but I have rented at least 8 different apartments in my lifetime. It sounds like your landlord is a small time owner with not a lot of legal experience. The bigger apartment complexes usually have these things all nice and tidy.

Her ignorance is your gain.

Just tell them that if they wish to persue this in a court of law, that is fine by you. They will then have to do the research and will probably find out that they don't have a leg to stand on. And if they don't, there is no way a court is going to hold you responsible for a "snowflake like marking" and its meaning.
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Old 01-24-2007, 12:34 PM   #4
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She obviously doesn't have a leg to stand on. Just tell her to talk to your lawyer instead of you and see what she says. If you don't have one just give her my number...I'm not a lawyer, but I'll play along.
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