Q: Re-read Lease agreement for Las Vegas apartment. Several spots refer to California Law, not Nevada Law.
My son's former Signifcant Other and he moved to Las Vegas with their children and leased an apartment together on May 1 to save money. My son has had to come to Oregon because of a family issue. In re-reading his lease agreement there are several areas where the document refers to California Law rather than Nevada Law, such as under the heading "Remedies" it states: "Landlord shall have the remedies as set forth in Civil Code 1951.2 and 1951.4. All of Landlords remedies under this Agreement and California Law are cumulative." Also, the "Database Disclosure" references the Calif. Dept of Justice and meganslaw.ca.gov; and under "Governing Law", it states: "The validity, meaning, and effect of this agreement shall be determined in accordance with California law." Could these things legally nullify the agreement?
A: The agreement is likely worth less than the value of the paper upon which it was printed (or written in crayon - it does not sound like a very well thought out document). I would still be extremely careful in the way in which your son separates himself from this less than sophisticated landlord. I would give reasonable notice, pay rent, and agree to allow the landlord to retain the deposit. If the landlord attempts to sue to enforce the lease your son will be able to demonstrate to the court that DESPITE a severely flawed lease instrument he acted in good faith when he moved out.
There is a risk that a court would find a quasi-contract existed even though the instrument itself was flawed but if your son takes the steps above the court is not going to be looking for a reason to reward the landlord for the sloppy rental agreement. The landlord is also less likely to pursue legal action if they feel they have been treated with respect and fairness.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.