Land lord advised that lease expired at end of month a week before expiration. She did offered additional space and we negotiated past the lease agreement. In good faith we sent rent check. The negotiation fell dead. Now they want us to immediately sign for one year. What is my time frame for looking lease over. They wont take a month to month. I'm in California. This is a commercial lease.
State/Country relating to question: California
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Hello and welcome,I am sorry to hear of your difficult situation.When did your lease expire?
Lease expired on July 31. They advised me on 25th and offer a new lease with more space then they change their mind. Deal fell through on August 2nd. They sent another year lease at the place where we are at now and wanted us to sign immediately. We needed more space. No we want a month to month so we can leave in good standing it is getting starting to get ugly. We've been tenants for 5 years. Do we have a window to look over lease and accept or not. In good faith we paid rent for August. Just no signed lease agreement.
Thank you for the additional information.Since the lease expired, you are already a month to month tenant under the law. The landlord could provide you with 30 days notice to vacate if you cannot come to an agreement on the terms of a new lease, but they cannot immediately force you out of the property.Since you have paid rent, they would typically be required to provide 30 days notice to vacate and then file a lawsuit seeking a court order before you could be locked out of the property.They CANNOT lock you out without a court order and if they attempt to do that, then you should contact a local attorney to assist you promptly as the landlord could be assessed significant penalties for engaging in such conduct.You have 30 days normally (from the time a notice to vacate is received), plus the amount of time it would take the owner to obtain a court order, so you cannot be forced out immediately.Since things are getting ugly, it would be best to at least consult further with a local attorney to be prepared to respond quickly if the landlord does retaliate against you for refusing to agree to their terms by locking you out.
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Last question, if we decide to agree with terms of lease within the 30 day notice to vacate knowing that we paid already, if it gets to that point, would that be salvageable or would that be final. That is my final question youve been a great help.
I'm not sure what you are asking me. If your question is whether a new lease you enter into during the 30 days following notice to vacate would be enforceable, the answer is yes, it would normally be enforceable and terminate the 30 days notice. It would be best to indicate in the lease though that the 30 day notice is no longer valid, so it cannot be disputed by the landlord.
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