Legal Question in Landlord & Tenant Law in California

I have a 1 year lease and back in March and April we were late due to some bank errors. Now in June the landlord wants to say we violated the lease(He is trying to sell the house) and he wants to change the agreement to a month to month. The date of the paper just happens to be the date that I asked about our broken gas stove. We haven't signed anything but the lease. All monies owed have been paid. Can he do this?


Asked on 6/11/10, 7:55 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You did breach the lease but there are curable breaches and failure to pay the rent is one of them. If you have not paid the rent, often you receive three day notice to pay or quit; if you pay within three days, the matter is over with. Here you paid and the landlord accepted, so the lease is still in full effect. While you can not be evicted for complaining about something that needs repair, you are not being evicted apparently.

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Answered on 6/14/10, 2:20 pm


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