Legal Question in Landlord & Tenant Law in California

Conflicting Lease Terms

I am a severly disabled person who moved into an apartment in the San Fernando Valley one month ago, after signing a document called ''Lease of Rental Agreement''. The terms of the lease were clearly for one year, but the month-to-month tenancy box was also checked off. A month later I received a 30-day notice to leave and a letter stating that the term of the lease was one year and the tenancy was month - to -month. How can that be? Do I have any rights to fight the eviction and enforce the one-year lease term?

I am severly disabled, and moving once again will be too hard for me. What can I do?


Asked on 8/22/07, 1:17 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Conflicting Lease Terms

Be glad to help, but I am on my way to several matters out of the office.

You have many rights....more later in day.

Relax!. Don't panic!.

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Answered on 8/22/07, 1:21 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Conflicting Lease Terms

First, read your lease carefully. You are correct in that it cannot be a yearly lease and a monthly lease at the same time. Occasionally there are mistakes, and the law tries to rectify these by usually trying to assess what the parties really wanted to do when the contract was signed.

The fact that you are disabled (and I understand...I am in a wheelchair and will be till the day I die) really doesn't enter into this.

You need to write a letter to the landlord, keeping a copy, and make sure there is someone else present to verify you handed it to landlord. If you need to mail it, send it certified, return receipt requested. Tell the landlord what you have told me: the terms were clearly for one year, and you expect to live up to your part, and pay the rent.

Hopefully that is all you need to do. Keep me advised of your progress, or lack of it.

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Answered on 8/22/07, 9:10 pm


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