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No Dates in Lease Terms, Valid Lease

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  • 01-02-2009, 08:15 PM
    casademarco
    No Dates in Lease Terms, Valid Lease
    My question involves landlord-tenant law in the State of: California I have a rental agreement that has the box Lease checked, but under the term dates, "beginning on" and "terminating on" the fill-in areas are BLANK/EMPTY. We had a six month verbal agreement with the landlord and on the same page of the lease, the rent payment area states "rent payments from 7/08 - 1/1/09. We paid our last months rent and notified the landlord, via certified mail that we were not extending our "six month lease" and would be completely vacated by December 1. He wrote us in return to say that he needed our last months rent, December and would send us our deposit upon "check-out" of the property. We has 6 other e-mails with his response, in which we reiterate "our six month lease" he never once disputes or responds negatively to the e-mails. In fact, in one e-mail he calls us "great tenants." Now, out of the blue, after inquiring as to why we haven't received our deposit, writes us to tell us that we had a years lease and he is holding us to it. I have a pdf of the original lease with his signatures and the term dates are blank. Can he get away with this? If the term dates are not there is it a valid lease? Or is this a month to month by default?
  • 01-02-2009, 08:34 PM
    M'sta Mikey
    Re: No Dates in Lease Terms, Valid Lease
    Sorry about the last post.

    If you had a verbal agreement and the rent payment portion of the signed lease states the 6 month period, you might have an arguement. However, verbal agreements are hard to defend in court but again, if the lease indicating the 6 month payment arrangement was signed by both you and the landlord, you may have recourse.

    However, last month's rent was for Dec 1 to January 1. If you didn't pay, you did not fulfill your 6 month obligation, you're one month shy. You at least need to pay Decembers payment. Your 30 day notice to vacate (Jan 1) should have been sent December 1 along with the payment to cover Dec - Jan.

    Pay December's payment then send the the landlord a copy of the lease, along with the communications and a demand letter (certified/return recepit) respectfully requesting the deposit be returned to you within 30 days or you will be left with no other option except to file suit for the deposit owed.
  • 01-02-2009, 08:52 PM
    casademarco
    Re: No Dates in Lease Terms, Valid Lease
    Yes, we paid December's rent in full on the 1st of December and sent it certified mail. The landlord e-mailed me to say he got the heck, which he cashed, and then wrote he "would return the deposit after walking through the rental." I waited and waited and then received an e-mail today stating that he believed we had a one years lease?!
  • 01-02-2009, 09:05 PM
    M'sta Mikey
    Re: No Dates in Lease Terms, Valid Lease
    Thank you for the clarification. You now need to send the the landlord a copy of the lease agreement (that shows no one year committment), along with the communications and a demand letter (certified/return recepit) respectfully requesting the deposit be returned to you within 30 days of receipt or you will be left with no other option except to file suit for the deposit owed.

    If not returned to you within 30 days, file suit in small claims court for the deposit.
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