Legal Question in Landlord & Tenant Law in California
No signed copy of lease?
Our one year lease ends in a few days. 2 months ago, property manager asked if we were going to sign for another year. We said yes, he faxed the lease, we signed and faxed back. To date, we have received no copy signed by the owners. 2 days ago, the prop manager's daughter (who is taking over for dad who retired), called to say the lease had a ''mistake'' and the owners no longer wanted to pay for lawn care. We said, too bad, so sad. She then said that the owners never signed so we had no binding contract. We said fine, we wanted to buy a house anyway (which is true), so she said we were going on a month to month. We indicated we wanted a signed document saying we are now on month to month and that we are released from the other lease since they still have the copy we signed two months ago - what would keep her from getting the owners to sign?
Tonight, I pulled out the lease we signed and noticed it already says that the tenants are refusing to pay for lawn care for the new lease. So I'm thinking she doesn't even HAVE the copy we faxed (lost by her father?)
What's our best course of action to insure we aren't locked into another year and we ARE month to month?
2 Answers from Attorneys
Re: No signed copy of lease?
I agree with Mr. Gibson, and suggest you follow his advice.
Re: No signed copy of lease?
At the very least you should send a letter via certified mail confirming your latest conversation and your understanding that the agreement you originally signed is not to be fully executed by them. I would also include the request for a written month-to-month lease. It is also worth asking to have the original agreement you signed returned to you.
Make sure to keep a copy of the letter you send for yourself.
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