Real Estate Law
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Thank you for your question.
Do you have a copy of any of the leases?
All I see is a one page letter from 1992 but no lease documents or emails.
If it is easier, you could email them to***@******.*** and write For N Cal Atty as the subject line. Or you try to post links in this thread again.
I'll check back here in a few hours.
This will take a while to review, I'll try to post again within 2 hours.
I am having trouble reading it but does paragraph 7 give you the right to terminate the lease on 30 days notice? Does that say Lessee or Lessor?
Have you checked with the County Recorder to see if a more recent lease has been recorded? This one seems to have expired in 1986...
That renewal of the lease expired in 1999.
I did not notice any provision for automatic renewal in the documents.
You need to ask the Lessee to provide a copy of the current lease or any documents that indicate that a lease is still in force.
Do you want to terminate the lease?
Have you checked at the Recorder's office to see if there is anything more recent than what you posted?
No, a lease of real property longer than a year is a recordable document, see
The Lessee in this situation has the burden of proving that a lease is in force. If the recorder has nothing and the Lessee refuses to produce a current lease, then you are free to negotiate new terms now, or as soon as the lessee realizes the last lease expired. Or your father could lease it to a different company, or do whatever he wants to with the property.
I enlarged the first document. The 1971 lease does have an automatic renewal clause, but no one can determine your rights without seeing the so-called "existing lease" referred to in the 1991 letter. Can you please try to get that either from the Recorder or the Lessee?
OK, I usually check in here several times every day. Take as much time as you need.
Yes I would check at the Recorder's office and if there is no lease more recent than 1971 I would ask CC what lease was referred to in the 1991 letter. If there is no current lease then you are free to negotiate or walk away but I am still not sure if there is an existing lease or not.