Legal Question in Real Estate Law in California

We are currently in a 1 year lease that expires 8/1. In late May the owner contacted me via text to inform me they would be trying to short sale. We sent them an offer letter via email telling them we would be willing to assist with allowing the home to be sold/shown for a reduction in rent and to have the option to remain in the property until the sale is finalized. They agreed to the reduction and said they wanted to meet to finalize arrangements and discuss some other issues. Five days later (one day before rent is due) they emailed again stating they wanted to keep things the way they were and not extend the lease. I still paid the reduced amount they agreed to anyway and they accepted it. We have gone back and forth- one day she is willing to let us stay and the next it's something different- and I have finally stopped responding. This morning she demanded the rest of the rent after accepting the new, agreed to amount several days ago. We are purchasing a home and 8/1 is not a realistic time frame for us to be out- and we have 5 children. My question is: even though she stated in her email she doesn't want to renew or go month to month does she still have to issue us a formal notice?


Asked on 6/09/11, 10:40 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think you prevail on the rent adjustment but not on the notice issue. The oral rent-reduction agreement would probably stand up in court. You would have to show a new consideration given by you to the landlord, and access to prospective buyers doesn't satisfy as consideration because you'd be required to allow showings anyway, but your agreement to stay month-to-month beyond the end of the lease and until the house was sold would be consideration. However, the landlord does not have to give notice to the tenant at the end of a lease. The landlord and tenant can extend the tenancy by offering and accepting rent payments, but if the landlord doesn't accept the rent, he/she/they/it can begin the eviction process at once.

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Answered on 6/09/11, 11:43 am


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