Legal Question in Landlord & Tenant Law in California

lease agreement without consideration

Living rent free was given to me by landlord out of kindness and was willing to put that in writing. Rent was filled out by landlord with term n/a. Landlord changed his mind, do I have right to stay there, till end of the lease?


Asked on 10/28/07, 12:50 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: lease agreement without consideration

If the term is "N/A", then the landlord could argue that the lease is void or voidable. When would the lease end? Instead, if the landlord wrote "for life," or "for as long as tenant desires to live here," etc., that could be enforceable. I think the landlord would be within rights to give you a 30- or 60-day notice to move, depending on the circumstances. Try to negotiate payment of some kind of rent or utilities, etc., if you think the landlord would be receptive.

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Answered on 10/28/07, 1:31 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: lease agreement without consideration

I can't disagree with Mr. Cohen's answer in any way, shape, or form.

However, something is missing here. Landlords don't do this out of kindness.

There have been a number of these questions asked in the last few days with obvious unspoken, and unwritten, facts to add to the stories.

Maybe it is the full moon, but, these are strange questions.

There is no way to answer this without the truth.

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Answered on 10/28/07, 1:44 pm


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