S
SirRaymond
Guest
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!!
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!!