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  1. #1
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    Mar 2014
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    Default Breaking a Lease for Rented Office Space Represented by Landlord as Residential

    We rent a private room around 6 months ago in California. Landlord did not inform us that the room is in a commercial building. So we signed a hand-written contract exactly as below:
    “
    Date:
    Residential Contract
    Owner/landlord:
    Residents:
    As consideration for this agreement, owner agrees to rent/lease to tenants and tenants agree to rent/lease from OWNER for use solely as private office space. the premises located at … in the city of ..., CA.
    Owner … acknowledges receipt of six months rent of … and a security deposit of .. for a total payment of ...
    Residents signature:
    Date:
    Owner’s signature:
    Date:
    ”
    Landlord cashed the check for a 6 months rent term. After 2 weeks, emailed us a month-to-month lease and mentioned that the room is in a commercial building. So, we did not signed his requested lease until now. I moved to a different place three months after the lease started; my roommate is still living there as a residential room. So, what will happen after our 6 months is over? What will he do?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    my roommate is still living there as a residential room.
    is there something you missed in the lease, like this:


    from OWNER for use solely as private office space.
    what sort of building did you expect office space to be located in?

  3. #3
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    Mar 2014
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    Thanks for your reply. In fact, before I and my roommate sign the lease, the statement was "from OWNER for use solely as private residents", and after I got the lease from landlord, it was changed to "from OWNER for use solely as private office space". He did not even telling us that he changed the sentence. However, the title of lease is still "Residential" and it has the "Residents Signature". Also, my roommate was not available when I met landlord to get his signature, so my roommate signed the lease before changes when the statement was "from OWNER for use solely as as private residents". What would you think the landlord will do after six months?

  4. #4
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    How did he change a sentence in a signed document, and why did you keep that part secret when you made your original post?

    When the lease is up, it's up. If your friend decides to keep renting, he knows what he's doing.

  5. #5
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    Mar 2014
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    It is not a secret, sorry for my miscommunication. I wrote the case for another legal advice forum with 1000 limits in characters and just copied the post for this forum as well. Basically we want to get the money back as landlord did not give us the correct information. Also, we did not rent a room in a commercial building, in fact the price of a commercial office is half the price we paid for six months rent. So, what happens if my roommate stays after the six months is over and of course not paying the rent because there is no terms and conditions in our six months lease? can landlord go and sue us?

  6. #6
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    Jan 2006
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    Quote Quoting Sara777
    View Post
    It is not a secret, sorry for my miscommunication. I wrote the case for another legal advice case with 1000 limits in characters and just copied the post for this forum as well. Basically we want to get the money back as landlord did not give us the correct information. Also, we did not rent a room in a commercial building, in fact the price of a commercial office is half the price we paid for six months rent. So, what happens if my roommate stays after the six months is over and of course not paying the rent because there is no terms and conditions in our six months lease? can landlord go and sue us?
    you want to get what money back? The rent? not a chance.

    if your roommate stays after the 6 months, if the lease does not address the situation, the landlord will likely take action through the courts to remove your roommate. Since it is a commercial rental, the rules are a bit different from a residential tenancy. If I recall, it takes much less effort and a landlord can lock a tenant out of a commercial rental where they can't lock a tenant out of a residential unit, at least if I recall correctly.

  7. #7
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    Mar 2014
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    Thanks for your advice. Of course we did not pay for a commercial place. We just paid for the place as landlord verbally explained us before signing the lease as a residential building and is written as a residential lease. I found here (http://publichealth.lacounty.gov/eh/...e/tenright.pdf) if you even live in a hotel or motel for more than 30 days and pay for all charges you automatically have all the rights as a tenant. So, my question is that for any action by landlord such as locking out the rental or etc, does he need to have the court letter?

  8. #8
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    Default Re: Landlord Misinformed About a Room As a Residential Type During Signing the Lease

    Quote Quoting Sara777
    View Post
    Basically we want to get the money back as landlord did not give us the correct information.
    As jk said, that's not going to happen. You chose to keep the rental unit and to occupy the space.
    Quote Quoting Sara777
    Also, we did not rent a room in a commercial building, in fact the price of a commercial office is half the price we paid for six months rent.
    The only lease provision you have showed us is for a commercial lease. Rent is something you negotiate with your landlord.
    Quote Quoting Sara777
    So, what happens if my roommate stays after the six months is over and of course not paying the rent because there is no terms and conditions in our six months lease? can landlord go and sue us?
    You and your roommate can expect to be parties to an eviction action, which will probably include a claim for the additional rent you owe. You and your roommate are free to try to convince the court that you're so unhappy with the unit that you're never going to leave.
    Quote Quoting Sara777
    View Post
    We just paid for the place as landlord verbally explained us before signing the lease as a residential building and is written as a residential lease.
    You have told us about a provision for a commercial lease. You have showed us nothing about a residential lease.
    Quote Quoting Sara777
    ...if you even live in a hotel or motel for more than 30 days and pay for all charges you automatically have all the rights as a tenant.
    That has no relevance. First, nobody is disputing that you're a tenant. Second, this isn't a hotel or motel
    Quote Quoting Sara777
    So, my question is that for any action by landlord such as locking out the rental or etc, does he need to have the court letter?
    If you and your roommate don't vacate on time, I would expect your landlord to serve you with a pay-or-quit notice and, if you don't pay, to commence an eviction action against you. If your landlord tries to pursue commercial eviction remedies, you and your roommate can try to convince the court that you didn't look at the building, unit or lease before renting and believed yourselves to be renting a residential unit, but you may have difficulty with that given that you chose to continue to rent and occupy the unit for six months even when fully aware of the nature of the premises. It also sounds like you have nothing in writing that would suggest that you were renting a residential unit. Also, the biggest difference for commercial eviction is that the notice period is shorter, but notice isn't shortened on a 3-day pay-or-quit notice.

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