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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I told my landlord via email I was going to renew my office

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I told my landlord via email I was going to renew my office lease for another six months. However I never signed a lease, changed my mind, and gave him a 30 day notice to vacate. He emailed me back; said he had sent me a letter with delivery confirmation that said if they didn't hear from me by August 31st they would assume I was renewing the lease. I didn't read the letter as I saw that it pertained to the lease and I wasn't sure I wanted to sign so I put it aside. Is the letter that they sent me without a signature legally binding for another six month lease?

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

This issue will be resolved by the terms of the "mailbox rule" - meaning that your offer to renew the lease was accepted by the landlord in writing through the letter. Whether or not the acceptance is valid depends on whether your withdrawal of the offer happened before or after they sent the letter.

William B. Esq. :

This means that you must look at the postmark on the letter - if it is dated before your notice to vacate, the landlord can hold you responsible for another 6 months (you may be able to argue that it is invalid due to a lack of signatures etc., but this is not a terribly strong position).

William B. Esq. :

If the postmark is for after your emailed notice to vacate, the landlord cannot hold you responsible. You withdrew your offer before the landlord accepted.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

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