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What is Lease? Legal Lease?

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faridm

Guest
California.
After having a lease for 3 years, when rent and conditions change, does a tenant and landlord need to make a new lease? Or write down some kind up lease update? Or this is not required? Other words, if landlord offers a new lease with new term, is it enough for tenant just to say "Yes I accept it", or legally they need to have some legal document which states a new terms and rent?
 


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dj1

Guest
YES to change any of the terms of the ORIGINAL lease both the tenant and the LL , must have it in writing.

If you agree verbally, that is NOT a vaild lease.....It becomes a month to month lease and you OR the landlord can break it with a 30 day notice.

Verbal agreements are the main reason for lawsuits!
 
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faridm

Guest
Thanks for your reply to my question. Would you mind if I email you 2 letters, that actually represent lease for 2001 and (as the tenants says) lease for 2002. I can scan them as images and send them to you or post somewhew on the net and send you link. I just wanted to see what you think about tenants right... becuase tenants wife is a lawyer and I don't wanna make a mistakes...

thanks again!
 
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faridm

Guest
They did not agree werbaly, but they also didn't put it in writing as a new lease... All tenant did, is repliyed to LL saying is his letter that he accepts lease for 2001 and needs to see new lease and terms for 2002. After this letter LL never sent him any lease.
Also, if original lease was made in 1997, how the tenant and LL need to extend this lease every year? Is it enought to have just a letter from tenant saying that he accepts the lease for the xxxx year? Or the LL actually needs to send him a new lease every year and have him sign it?
 
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dj1

Guest
ahhhh thats different, the tenant DID acknowlegde the lease by sending a letter.....

That is proof of the new lease terms.....

Now if a tenant did not get a copy of the lease, then the landlord IF HE IS A LOW LIFE REDNECK will change the terms and you would have no recourse since you dont have a signed copy of the lease, and you didnt state how much the new rent was in the letter.....



YOU opened yourself up to be ripped off....
 
F

faridm

Guest
Actually LL is me. I'm the owner of this place since April 2001. I was just wondering if the previous LL did not send a tenant a new lease with new term, does it meant that tenant can still state that he accepted the offer to extend the lease untill 2002 and was waiting for new lease? That still doesn't mean he has a lease, becase previous LL never sent him a new lease, right?
 

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