How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33798
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Dear Mr. Barrister, I really need your help and your expert

Customer Question

Dear Mr. Barrister,
I really need your help and your expert advice. My friend was helping me to ask you the same question and thank you for your kind answer. I just want to make sure that I have certain confidence of winning before spending money and going into this.
I served my tenant 60 day notice to quit since it seems to be less complicated and better chance to win than 3 day notices to pay the rent or quit.
This 60 days notice was served on 5/13/16. Then I was asked to provide a lease agreement. I did not have an active one (the most current at that time was 2 years old) and so I pushed the tenant to sign a renewed lease on 5/24/16. This renewed lease is on month by month basis and it mainly serves the purpose of reducing the late charge from 10% to 8% since I was told in CA the max rate for late fee is 8%. Then I just got a note from the eviction company who helped me to serve the 60 day notice that this renewed lease agreement LIKELY voided the 60 day notice. Would you please kindly reconfirm if this is the case?
If you need the original of the 60 day to quit notice and the renewed lease agreement for review, I would be more than happy to send to you. They are not long and so it would not take too much of your time to read through at all.
Thank you very much.
Mr. Wang
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello again,

.

This 60 days notice was served on 5/13/16. so I pushed the tenant to sign a renewed lease on 5/24/16

.

When you say it like that, then yes, that does void the 60 day notice. In the initial question the comment was made that it was just to modify the late fee from 10 to 8%.

.

But if you had them re-sign a lease that was a month to month lease agreement in addition to lowering the late fee, then you entered into a brand new lease with them.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Related Real Estate Law Questions