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Cedric, Attorney
Category: Legal
Satisfied Customers: 2899
Experience:  Lawyer with several years of litigation experience in civil and criminal law.
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I have a 13 month lease which ends today April 30th. My land

Resolved Question:

I have a 13 month lease which ends today April 30th. My land lord won't let us go month to month. Our landlord has agreed to write an adendum to the lease agreement for us to stay in our place until we find a place to buy (we are trying to buy a house). We haven't seen this adendum, but we believe it will be unfavorable. I think it will be something like, we can break our lease if we find another tenant to take over our lease. I have sent a bank check to their PO box for the month of May and they expect us to sign the new adendum Sunday night (May 2nd). If we see that the adendum is unreasonable to us and do not agree to sign it. Can my landlord get us evicted with a 3-Day Unlawful Detainer or would it be a 30 or 60 days Unlawful Detainer?
Submitted: 7 years ago.
Category: Legal
Expert:  Cedric replied 7 years ago.
No, if your landlord accepts the check for the month of May, then that constitutes an implied-in-fact agreement to a month-to-month rental agreement, and he cannot evict you until the expiration of that month to month lease. Meaning that you would have at least 60 days notice (30 days from the end of May) if he does not agree to a new rental agreement that isn't unfair.

Also, even if you were to get a 3 day unlawful detainer, it doesn't actually mean you'd have ot leave in 3 days, since you can contest the unlawful detainer and keep the case held up in the courts for months.
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Customer: replied 7 years ago.
if i have always paid my rent on time in the past and sent a bank check to the landlords po box for May. If my landlord doesn't accept the bank check for May and I get a 3 day unlawful detainer brought against me and contest this.... if I lose in court and agree to pay any fees,,, will this affect my credit?