Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I signed a month to month lease, but my landlord is now claiming that she made a "clerical error" and meant for the written agreement to be a year lease. She is not honoring my 30 day notice that I gave her in writing and claims I can not move out in a month. Can I pay my final month's rent and move out without penalty, and how can I ensure that she returns my deposit without taking her to court?

Answer: If you signed a month to month agreement, that's what you have. She can't change it on her own. However if she doesn't return your deposit you may very well have to sue her in small claims to get it back.

QUESTIONS

  • I signed a month to month lease, but my landlord is now claiming that she made a "clerical error" and meant for the written agreement to be a year lease. She is not honoring my 30 day notice that I gave her in writing and claims I can not move out in a month. Can I pay my final month's rent and move out without penalty, and how can I ensure that she returns my deposit without taking her to court?

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