[GA] How do I correct mistakes on a lease after it has been signed?
36
16
So, legally speaking, these kinds of errors are not fatal to a contract. When there is an obvious error in a contract, like the lease date being the same day, then it can be fixed. These errors do not impact the lease agreement, and the court looks to the intent of the parties. So, if the intent was to be bound until some later date, you can just fix it.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
There’s an error on the lease end date. It starts and ends on the same day. How do I fix that issue legally? Do I have to evict the tenant if they disagree on correcting the date?
I understand the issue with the lease end date being incorrect. Have you discussed this error with the tenant?
The tenant doesn't want to agree to a new date.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with correcting the lease end date.
The lease is 3-21-25 to 3-21-25... the prepayment period shows 3-21-25 to 4-30-25. It's those errors.
Hello! Legal Eagle here. I'm reviewing your issue in detail. I only need a few minutes to read each of your posts. Sometimes there are technical issues that prevent me from seeing your responses, so if you have not heard from me in 30 minutes, please know that I am working on those issues as soon as possible. I'm here for you. Are you running into a legal issue with this?
No sir. I just need guidelines. I’m in Georgia.
Ok got it — did the tenant already sign the lease?
Yes, and they moved in.
Ok, thank you for adding that! Was there anything else before I answered?
The issue with the lease date and prepayment dates and laundry days and what side they will park on.
Ok! I’ve been working on an answer while we’ve been chatting, so it’ll just be a moment.
Okay.
So, legally speaking, these kinds of errors are not fatal to a contract. When there is an obvious error in a contract, like the lease date being the same day, then it can be fixed. These errors do not impact the lease agreement, and the court looks to the intent of the parties. So, if the intent was to be bound until some later date, you can just fix it.
How do I do it if they are unwilling?
It won’t matter if they are unwilling — if a court has to hear this matter, the court will not assume you had a 0-minute lease!
Will they force me to extend it to a point I wish not to extend it to?
No — what was the original end date that you guys had considered?
There was not a date discussed.
Thanks for clarifying. So what you would need to do, frankly, is discuss this with the tenant. If you guys didn’t actually agree on an end date, then it's still open-ended at this point and still up for negotiation. You wouldn't be able to put an end date that is enforceable without first getting their approval.
And if we cannot come to an agreement on the date, then what?
If you guys can’t reach agreement, you'll have to either find out what it is that they will accept to reach agreement — or the deal is essentially dead :(
That's workable! If it's dead, do I have to do an eviction?
Legally, no — if they don’t want a lease agreement then they aren't tenants there!
Okay. Do I just need to have a conversation?
Ideally, yes — if they don’t want to be bound, I’m guessing they are looking for a way out, too!
Seems they want month to month.
Understood — I would find out for sure. You don’t want to rely on what it seems because it kind of led to this mess in the first place, you know?
You're right. Is the money they paid in question if they try to invalidate the lease?
I hear you! So the law wouldn’t generally let them stay for free in this case. However, if they want out, just ask them. You can keep the money for the days they’ve stayed and tell them you’ll waive any future money they would have to pay.
They want to stay until June.
Ok thanks — well if that’s the case, then you should first decide if you want them to stay. If you’re fine with it, then I’d tell them that they either need to sign a lease stating until June or you’ll have to begin removing them ASAP.
I only want April 30. They keep demanding a full refund.
I hear you! Did you have a question for me about that?
I feel like you answered it.
Thank you very much.
For sure! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
