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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I have been leasing a retail spot ten years. for

Customer Question

I have been leasing a retail spot for close ten years. for last five years. The lease expired about 4 years ago and I am month to month base. I have some delinquent rent since (landlord asked $1500/month, I ve been only paying $1000 for two years), but there is no singed paper. WHen I leave this property, do i owe them legally?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  J. Warren replied 2 years ago.
Hello! My name is ***** ***** I look forward to helping you today but please note this is general information only, not legal advice.
Most likely he would have a claim against you for the unpaid rent. However, you have a valid defense that nothing is in writing and the fact he accepted $1000 per month for 2 years and never attempted to remedy the default he is estopped from asserting any delinquent amount of rent. It would be difficult for him to argue that he has not waived his right to collect the deficiency; he has had plenty of opportunity and available remedies (ie eviction) and has failed to act.
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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