Legal Question in Landlord & Tenant Law in Georgia

lease discrepency

My landlord and I are having issues over our lease. I have a simple question that may possibly lead to legal action of some kind.

My lease began on 2/16/2003, this date is clearly on the front page of the lease, as the date signed as well as the lease beginning date. It also says on the front that the lease is for a term of 12 months. However, he incorrectly entered the lease termination date as 02/28/03, and is now using this against me.

I need to know which takes precidence. If the lease length of 12 months would (which would make the termination date the 16th) or the lease termination date which is the 28th.

Thank You.


Asked on 1/14/04, 8:41 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: lease discrepency

I certainly hope that 2 weeks rent does not lead to legal action. First, it really is not possible to give an accurate response without the entire lease. In a vacuum, ambiguities are interpreted against the drafter of the document, which I am guessing is the landlord. However, you need to read the entire lease carefully. Most leases I have seen (including my own in the apartment days) end at the end of the calendar month, perhaps called a "rental period" or something like that. The lease will provide for a 12 month term, but it will also state that it is at the end of the rental period in that 12 months. Keep an eye out for any such language as you are reading each section. After that, ask the landlord (nicely) to explain his/her position and point to the appropriate lease term. That may clear it up. Good luck!

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Answered on 1/14/04, 8:49 pm


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