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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Can a tenant refuse to move in 30 days if they had signed

Customer Question

Can a tenant refuse to move in 30 days if they had signed and agreed the addendum to change from 60 to 30 days due to the sale of the property that included a reductin $ of lease payments that they have been taking?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

If both the landlord and tenant have executed an addendum that alters the provisions of the original lease, then that addendum becomes the controlling document, provided that it complies with the standard requirements of a binding legal contract -ie offer, acceptance, consideration. The typical defenses apply (ie duress, lack of capacity to contract, fraud, etc). If the tenant refuses to vacate, the landlord would need to begin the eviction process,and the danger of that is that the court will typically award the landlord, if successful, attorney fees and costs, which can be quite significant.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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