Enforceability of Commercial Tenant Breach of Contract (in California)

[SirRaymond]

Breach of lease terms occurred with a 3 yr. lease with date ending May 1997. The 3 breaches were (1)nonpayment of rent increases, (2)late charges, and (3)holdover rent. My 82 yr. old father has been a "soft" landland and has not enforced the terms of this old lease. The tenant has held over for over 3 yrs. now - up to this year! I am now helping my father to collect upon these past due material amounts he is legally entitled to.
I do not see a problem in collecting these past due amounts arising from the lease ended May 1997. But, do need some help in determining whether we can collect on late charges and holdover rent that have occurred since May 1997. My father has told me that he had orally agreed with the tenant to preliminary lease terms and sent a lease for his signature but never received a signed lease in return.
My question is whether there is any implied lease agreement here as a result of my father allowing the tenant to remain at the property for another 3 yrs.
Appreciate any feedback I can get!!

 

[happy&lucky]

You need to explain this better what date did the actual beeches take place.

If the tenant has violated the lease since 1997...

Then you are S**T out of luck.......you can inform the tenat by letter that the last lease states a rent of______ to be paid on _____ with a late payment fee of_________(usually 5%)

Most states if you dont collect the increase or late charges for 3 to 6 months then they are lost.

Think of it this way the landlord asks $750 but you pay $700 and you still live there, after a few payments of $700 it is assumed that this rent is OK with the landlord....

You cannot go back and demand payment....

The tenant did not rip off your father, think of it this way you pull up to a parking meter and try to put in a quarter but its broken, what would you do?

 

[SirRaymond]

Happy & Lucky,

Appreciate your prompt response to my post. You made some good points! Forgive me for my unclear explanation. Was trying to be brief but I guess I failed to be thorough.

Now, in response to your question regarding the actual date of the breaches, they were for the period of a lease dated between June 1994 and May 1997. Again, they were for nonpayment of 2nd and 3rd year rent increases and nonpayment of late charges. You stated that in most states the increase or late charges would be lost after 3 to 6 months. I would like to research this; do you happen to know of any good websites to check out State Law?

Appreciate any feedback from you or others!