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Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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I am currently on month to month because we could not come

Customer Question

I am currently on month to month because we could not come to an agreement. Rent is due on the 1st. I got the cashiers check on the 2nd to pay her and she refused it. Told me that I owe her for half the repairs of the pool equipment plus rent so she put a 3-day notice to pay or move. Is this valid?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Sam replied 11 months ago.


This is Samuel. So in the Lease which is now converted to month to month are there other provisions in there such as what the Landlord's responsibilities are? For instance, does it say LL will pay for lawn service or anything like that?

Expert:  Sam replied 11 months ago.

Or is the only Inclusion in the lease concerning the sharing of the pool expenses? Also has the due date changed or anything?

Expert:  Sam replied 11 months ago.

Here is why I ask a tenant who remains in a rental property after the initial lease expires is considered to be a month-to-month tenant BUT all of the provisions of the lease still apply, except that the rental agreement is automatically renewed on a monthly basis. Tenants are bound by the terms of the original lease and should refer to that lease for any notices to vacate or any other issues.

Customer: replied 11 months ago.
the original lease was I pay 60.00 for each each repair and 50 percent of pool repair. The owner pays the other .
Expert:  Sam replied 11 months ago.

Ok. And so you are still under the provisions of the lease. The only difference now is you can terminate with 30 days notice and so can the LL. Nothing else changes.

Customer: replied 11 months ago.
I owe her for the pool repairs? So she can evict me because I only presented her a rent check.
Expert:  Sam replied 11 months ago.

You are in violation and breach of the lease otherwise, unfortunately.

Expert:  Sam replied 11 months ago.

She cannot evict you for not paying the pool repairs. But you are in breach. She can only evict you for not paying your rent. And she has to accept the rent check. So if you try to give it to her, have someone there to witness that. That way you have a witness to show that you tried to pay the rent.

Expert:  Sam replied 11 months ago.

Paying her the repair of the pool is a civil suit. Because it is in the lease - so she cannot evict you for that but she can sue you for the breach.

Customer: replied 11 months ago.
Thank you
Expert:  Sam replied 11 months ago.

You're welcome. Thanking you in advance for a positive rating.

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