Needing give support to from a legal representative or a manager contained by California!?
I have an agreement called "lease agreement" beside a tennant. The "lease" agreement does not have an expiration date, but requires the tennant to give us 60 days credit notice before the termination of this agreement. The agreement said "To terminate this lease, the Tennant or the Landlord must give each other 60 days credit notice prior to the intended termination date. In the event of termination by the tennant prior to the 60th day, tennant shall be responsible to reimburse rent until the termination date (60th day)".
The tenant gave us a notice and moved out inside 2 weeks of his notice.
We have tried to lease out the property, but cannot find another tennant who is prepared to move in sooner than 45th day from his interest.
Can we enforce our tennant to pay until a new tennant moves contained by, which is 45th day from this notice?
The tennant argued that our agreement is a month to month rent, not a lease, and he is lone obligated to pay us for 30 days from his notice, not 60 days. He said although the agreement said it is a lease, it is really a month to month rent base on California laws.
Thanks for your help. We don't enjoy money to hire a lawyer.
Again, many masses thanks.
Answers:
Here's what you do. Let's assume, for a minute, that the tenant is correct. If you sue the tenant in small claims court (filing levy of $40 plus a $25 service of process fee) and the tenant is correct, you lose $65 more dollars. That is all.
OTOH, if you are correct, then you win the defence. You get your $65 back (because you won the case) and you gain the money damages that you seek.
Seems quick and comfortable to me.
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The tenant gave us a notice and moved out inside 2 weeks of his notice.
We have tried to lease out the property, but cannot find another tennant who is prepared to move in sooner than 45th day from his interest.
Can we enforce our tennant to pay until a new tennant moves contained by, which is 45th day from this notice?
The tennant argued that our agreement is a month to month rent, not a lease, and he is lone obligated to pay us for 30 days from his notice, not 60 days. He said although the agreement said it is a lease, it is really a month to month rent base on California laws.
Thanks for your help. We don't enjoy money to hire a lawyer.
Again, many masses thanks.
Answers:
Here's what you do. Let's assume, for a minute, that the tenant is correct. If you sue the tenant in small claims court (filing levy of $40 plus a $25 service of process fee) and the tenant is correct, you lose $65 more dollars. That is all.
OTOH, if you are correct, then you win the defence. You get your $65 back (because you won the case) and you gain the money damages that you seek.
Seems quick and comfortable to me.
Related Questions: