Our landlord wanted us to sign a lease on business office space we have been renting month by month. We refused to sign, but we continued paying our rent. Now he is claiming that because we paid rent we have, by default, accepted the lease. Is he correct? (We are in California)
2007-06-12 06:40:51 · 3 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
He is incorrect. Without a valid signed lease, you fall under the statutes definition of a month to month tenant. By accepting your payment, he agreed to rent to you for the next month only. If he accepts your payments again, the same applies for that month.
2007-06-12 06:49:16 · answer #1 · answered by acermill 7 · 1⤊ 0⤋
Nope, no lease is no lease. What you have done is rent from month to month with no lease. He is WRONG. What he can do is ask you to vacate in as little as 3 days if he chooses, but do not tell him you know that. Just be aware it could happen, but he might no know he has that option. He doesn't sound like the sharpest tool in the shed.
You also have the option of signing an open ended AGREEMENT that indicates you will rent from month to month, for $X.00 per month, and you will give 30 days written notice when you plan to vacate. That's what I would do. You can lock in a a rental rate that way, otherwise he can increase your rent monthly until you can no longer afford to stay. Create the document yourself in Word, sign & date it with a notary present, have it notarized.
You do not ever accept a lease by NOT signing it, that's not the way it works. Best of luck to you.
2007-06-12 13:56:15 · answer #2 · answered by wwhrd 7 · 1⤊ 0⤋
Not really.... If no contract (lease) was signed then technically you are operating on a month to month basis, which means that if you wanted to leave that you would still be required to give him at least a 30 day notice, however you do not need to have signed anything.
2007-06-12 13:50:01 · answer #3 · answered by sweetgirl 4 · 1⤊ 0⤋