2 questions: unlawful detainer and expiration of lease.

[justin2003]

What is the name of your state? CA

thanks very much in advance.

My questions are:
1) when does a written month to month lease expire?
assuming it's at the end of the month, will a new long term lease entered into subsequent terminate the prior month to month?

2) does an unlawful detainer action stay the eviction?

3) does the UD mark stay on my credit even though I prevail in the action? If so, how do I get it removed?

Thanks

Any cal codes on expiration of a periodic tenancy would be appreciated.

 

[CA. Landlady]

>>>1) when does a written month to month lease expire?<<<

It continues until the landlord or tenant decides to end it usually by one or the other giving a notice to vacate.

>>>assuming it's at the end of the month, will a new long term lease entered into subsequent terminate the prior month to month?<<<

Yes


>>>2) does an unlawful detainer action stay the eviction?<<<

An unlawful detainer action is an eviction so it will not stay the legal action.

>>>3) does the UD mark stay on my credit even though I prevail in the action? If so, how do I get it removed?<<<

Try speaking to the court clerk to get this matter resolved if you prevailed.

CA. civil codes can be located at Findlaw.com under 'cases and codes'.

 

[justin2003]

thanks for the info.

I meant to ask whether my response to summons and complaint in unlawful detainer stay the eviction as a matter of due process. (deprivation of property including possessory rights to property)

I have looked in westlaw and lexis for the codes which I have found. I am just looking for interpretations by the 9th, 3rd, and Cal.

Thanks so much again

 

[CA. Landlady]

Your answer to the complaint is part of the process so you don't lose by default. After you submit your answer, the court will schedule a trial date which will likely be approx. 2 weeks from the answer date.

 

[justin2003]

thanks landlady...you have given me hope. I have posted here before but the facts have changed significantly in light of new compelling evidence.

Do you think you can sort through this mess?

The new LL is not recognizing my lease and is giving me the option of paying double rent or moving out.

First of all, I have never missed a rent payment. I always pay in full 2 weeks in advance.

Here is my story:
I am currently living in a townhouse. I paid rent to an individual and XYZ corp in the alternative. The rent was never rejected. When I first moved in I entered into a month to month lease.

Subsequently, I entered into a 4 year lease with DBA business. DBA business then sold the property and failed to disclose the second lease to the new owner. Now the new owner is at a crossroads on what to do. I am coming from the stance that the lease was valid and is thus an encumbrance on the property. Further, that relief should be sought against the previous owners and not me. I understand it's cheaper for him to kick me out than the go up against the owner's E and O.

DBA is trying to get out of recognizing the second lease for the following reasons:
1) agent did not have the authority to bind the business to the contract
2) The lease was merely a proposed modification which was never dully executed.

As to the second lease, all material provisions are written in the agent's handwriting and signed "dba business" at the end of the doc. (even when there is no place or designated area for LL to sign)

Here is some additional information I have found and retrieved certified copies from the recorder's office:
1) son (agent who wrote all terms on the second lease) is sole registrant of dba corp from 2001 to 2006. (the lease was entered into during the period of his registration)
2) grant deed to new owner was signed by son (posing as DBA in the 2nd lease) in his individual capacity and another entity, limited partnership of which son was a limited partner.



Thanks

 

[CA. Landlady]

The problem you may have is a 4 year lease would need to be signed by all parties. The statute of frauds requires anything for more than a year must be signed by all parties otherwise is was good to go for only one year. Has one year pasted yet?

 

[justin2003]

yes, the sole registrant of the dba signed the lease..."DBA"...not his name. But all the material provisions in the lease are in his own handwriting.

The lease does not have an area for the LL to sign. It just requires signature of the lessee. I have signed it.

I filled in the date with my own handwriting and DBA intialled it in his own name (not DBA)

 

[justin2003]

Did the agent for the owner at least sign it?

He is the only agent as he is the only registrant under the DBA filing. Can I make an assumption that the name DBA and his own name be used interchangeably since the writing could not reasonably infer anyone else?

Thanks again soooo much

 

[CA. Landlady]

I say they're wrong on the agent issue. He was agent for the owner. As a landlady, I can do many things that bind the owner even if I didn't have a real estate associate's license.
So, the agent for the owner and your signed it? If yes, I think they may have problems. Yes, they need to sue the previous owner for not disclosing this.

 

[justin2003]

BINGO...you are such a lifesaver...I was losing sleep over this.

 

[justin2003]

The problem you may have is a 4 year lease would need to be signed by all parties. The statute of frauds requires anything for more than a year must be signed by all parties otherwise is was good to go for only one year. Has one year pasted yet?

it has not been one year but the lease was for 4 years. I guess I need the DBA handwriting to constitute a signature to make it valid.

I hope this flies. i have 4 witnesses which he confided in after the lease was written out in which son regrets the lease. I even have a voicemail message on my cell which I saved and intend to present in court in which he voluntarily states that he wrote it but that he does not have the authority to enter into such an agreement.

 

[CA. Landlady]

I would compare the DBA stuff to a lease I sign where the property is XYZ Apartments (the lessor) and I sign at the bottom. When I sign it , I'm agent for the owner.

If these people are represented by an attorney, I HIGHLY suggest you retain your own.

For a list of good ones in CA., visit caltenantlaw.com. If you're in the San Diego area, let me know. I know the best landlord killer attorney in S.D. I'm glad I never had to go up against him. He gets good results for his clients.

 

[justin2003]

thanks again.

My main, actually my only problem, is that the agent signed the doc with a pseudonym instead of his own name.

the pseudonym is the business for which he is the sole registrant.
The gentleman is also the owner of title in his individual capacity.

Is this a stretch?

 

[CA. Landlady]

I still say he binded you and the owner. There's obvious intent there.

 

[justin2003]

you are my hero of the day.

I wish there was something I could do to repay you.