Legal Question in Real Estate Law in California
I have a tenant who failed to renew his lease option, the lease calls for his renewnal to be in wrighting 60 day's piror to end of his lease term he has hired a lawyer and now claims to have sent the letter witch he did not. after reciving my letter requesting him to vacate the property he dashed off a post dated letter and gave this to his lawyer is this legal can he win in medation with this lie please let me know do i need a lawyer myslef.
2 Answers from Attorneys
Is this a residential or commercial lease, as since you appear to be in Oakland your are under rent control which is very pro-tenant. Call me and we can discuss, without charge, the details, 510-441-2684.
Parties don't "win" or "lose" in mediation--the purpose of mediation is to reach a voluntary settlement, if possible. If this goes to trial, or to arbitration, the "winner" and "loser" will probably be determined by the credibility of the evidence. In other words, would the judge or jury believe the letter was genuine, or post-dated? Also, as Mr. Shers says, if this is a residential lease, there may be rent-control issues that trump your agreement regarding notice.
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