contract-law rental-property property rent lease
Is a fully executed lease with a serious error legally binding?
<p>I have a fully executed apartment lease, signed by myself and the property manager, that unambiguously states that the monthly rent is $0.</p>

<p>This is an obvious error. Am I legally obligated to pay rent?</p>

<p>EDIT: Property is located in North Carolina.</p>

<p>EDIT #2: I have paid an application fee and security deposit. Neither of these fees are mentioned in the lease. In lease addendums, non-zero monthly fees for a parking space and trash service are specified.</p>

<p>That's a bad mistake by the property manager. Here's the problem: You clearly have a contract (the fact that you pay for parking and trash service makes it contract), and clearly there is a mistake, but now we don't know what the rent actually is - not from the contract, but I assume you agreed verbally on a number with the property manager. If you try to pay no rent, you will not be getting away with it, and things will go to court, and between you and the property manager you will lose out by paying money for lawyers and wasting your time. </p>

<p>If you pay what you think is the agreed rent, and the property manager accepts that, then you should be legally fine - in the unlikely case that your contract went to court, you would point at the the $0 is clearly wrong, and the fact that you paid $X and the landlord didn't complain is strong evidence that the correct amount is $X. In the case that your landlord suddenly realised the contract says $0 (clearly wrong) and he then claims the correct rent was $X + $200 then he would be getting nowhere with this. </p>

<p>The landlord will not let you live there "for free", and neither will a court. I am aware that, in some cases, courts can "repair" contracts that are difficult to fairly "break"; perhaps by trying to determine a "fair" rent and making that the effective rent for the remainder of the term. Not a lawyer and I don't know if that happens in practice but I think courts are allowed to consider what is equitable when the agreement is disputed. Note that when you go to court and the judge asks you what the agreement was, you had better have a more convincing answer than "$0/mo". Tell the judge that and you might actually be furnished with completely free accommodations for 10-30 days.</p>
