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  1. #1
    Join Date
    Jun 2017
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    1

    Default Is a Landlord Bound to an Email Agreement to Extend a Lease

    My question involves landlord-tenant law in the State of California.

    Living in the unit for 3 years. 1st year with 1 year lease, then month to month. 1 yr Renewed lease is offered by LL with a raised rate and I accepted over the email agreement. Upon the mutual agreement, Landlord sent the lease document. Printed out, signed and sent back to Landlord. 1st rent check, at new lease rate was sent on time and cashed. Then Landlord recently says he needs the unit back in 3 months and he is terminating the unit. He did not returned the new lease back to me with his signature on.

    Can he claim his unit back before the end of new lease?

    Does he think there is no extension valid since he did not sign the new lease and there is still monthly agreement valid?

    The fact that he cased the check out wouldn't enforce and exercise the new lease?

    I have his emails, text saying that he received the document and will sign and mail it to me before.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Is a Landlord Bound to an Email Agreement to Extend a Lease

    You have presented a compelling case that the landlord is bound to the one year extension.

    But i doubt that showing him this thread is going to convince him that he can't try to evict you, so the question becomes what will happen if he serves you a formal notice to quit and, when you don't move, commences an eviction case. Would you prefer to try to stay after fighting it out in court, knowing that the odds are that your lease won't again be renewed, or might this be an opportunity to part ways with this particular landlord?

    If you're in a rent control jurisdiction, you may have additional rights under the relevant ordinances.

    I do understand the burdens of moving, and that in some parts of the state it's hard to find housing, let alone housing within a typical person's budget.

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