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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33461
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Here's the story: I was asked to leave a secure 5year lease

Customer Question

Here's the story:
I was asked to leave a secure 5year lease to care take a luxury rental property while a second luxury rental was built on the same property. I was told promised free rent for 5 years. As the new property could not be rented as short term rental for a 5year statue of limitations. I have lived here 12 months- care taking the property. While the new house was being built. The new house is done. I expected to move into new house like I was told I would be. Well all of a sudden i am being told to move and that that deal fell through. They want to rent to someone who just happen to come over and share some beers with the owner... They made an offer for 5k per month and a two year lease. This has now put me out of a home. I would have never left my secure situation but was promised free rent 5 years care take the propert and possibly make 20% for cafe taking it. The pressure is on he gave me 3 months. I told him I'd be out in 1. I had something lined up to move out but that fell through. I asked him for one more month and now things are getting nasty. All of this has happened in about 30 days. What should I do. As I am getting screwed for a second time by the same guy. Lots for answers please help. They want me out in 6 days- the first of June.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.
Good morning. I am Loren, a licnesed attorney, and I look forward to assisting you with your question.Do you have anything in writing, such as a lease for a fixed term or employment agreement (as caretaker)?
Customer: replied 1 year ago.
I have no leave or rental agreement tried to get it but never did. All I have is the texts in my phone.
Expert:  Loren replied 1 year ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Customer: replied 1 year ago.
I think your right. This in all actuality won't be useful. I need to sit dow and show someone the texts. It's all I have. Before u proceed further- Thank you but no thank you.
Expert:  Loren replied 1 year ago.
Unfortunately, without a written lease for a fixed term, you are a month to month tenant and as such, your tenancy may be terminated upon 45 days notice.The texts are irrelevant in the absence of a written lease.Here is the language from the statute:(a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. - See more at:
Expert:  Loren replied 1 year ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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