Socal Gunner
08-24-2008, 02:55 AM
I need an interpretation of these two clauses on my rental agreement, or if anyone knows a lawyer in the Orange County area that can provide some help (preferable cheap help) in this type of matter.
Basically my gf and I are going to move and the landlord is saying that because we did not notify him 60 days before we intend to move that we are responsible for the rent for 60 days after lease termination date, Sept and Oct, or for 60 days from today's date which is when we officially gave him written notice.
Term: This Agreement shall commence on either July 1st, August 1st, or September 1st 2007. (circle one) No date is circled on the signed lease.
Lease: This agreement shall continue as a lease for term. The termination date shall be one year from the commencement date at 11:59pm. Upon termination date, Tenant agrees to continue on a month-to-month tenancy. To avoid month-to-month tenancy Tenant must provide to Landlord written notice of intention to terminate sixty days prior to lease termination date. Tenant shall be required to vacate the Premises in 60 days from providing to Landlord written notice of intention to terminate.
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Tenant's hold over: If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at $XXXX.XX per month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
Some of these conditions are very ambiguous to me which is why I need help because the landlord, who we supposedly had a more laxed relationship with because of mutual friends, holds firm that we need to pay for the two months. My gf and him had many random conversations, we attended their baby shower, and my gf worked with his wife. Basically all of the verbal agreements and leeway he gave us are now forgotten.
Here are some questions pertaining to the two terms I quoted:
1. If I intend to move out at lease termination, let's say Sept 1st since the commencement date isn't circled, must I have notified him 60 days in advanced?
2. If he nor I contacted each other regarding moving out, must we automatically go to month-to-month?
3. If the term goes month-to-month am I responsible for the 2nd month of rent if I only need to stay for 1 extra month?
4. His argument is that he needs to find a new tenant and because we didn't notify him he may not find someone in time. If I vacate the premises at the "natural expiration of this Agreement" can he sue me for two months rent?
5. The terms are contradicting the way I am reading it. Do I follow the terms in the 1st quote where I need to give written notice 60 days prior to leaving or do I vacate the premises at the lease expiration?
Thanks for any help, I've just been hit with a lot of stress recently and this is adding to it.
Basically my gf and I are going to move and the landlord is saying that because we did not notify him 60 days before we intend to move that we are responsible for the rent for 60 days after lease termination date, Sept and Oct, or for 60 days from today's date which is when we officially gave him written notice.
Term: This Agreement shall commence on either July 1st, August 1st, or September 1st 2007. (circle one) No date is circled on the signed lease.
Lease: This agreement shall continue as a lease for term. The termination date shall be one year from the commencement date at 11:59pm. Upon termination date, Tenant agrees to continue on a month-to-month tenancy. To avoid month-to-month tenancy Tenant must provide to Landlord written notice of intention to terminate sixty days prior to lease termination date. Tenant shall be required to vacate the Premises in 60 days from providing to Landlord written notice of intention to terminate.
&
Tenant's hold over: If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at $XXXX.XX per month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
Some of these conditions are very ambiguous to me which is why I need help because the landlord, who we supposedly had a more laxed relationship with because of mutual friends, holds firm that we need to pay for the two months. My gf and him had many random conversations, we attended their baby shower, and my gf worked with his wife. Basically all of the verbal agreements and leeway he gave us are now forgotten.
Here are some questions pertaining to the two terms I quoted:
1. If I intend to move out at lease termination, let's say Sept 1st since the commencement date isn't circled, must I have notified him 60 days in advanced?
2. If he nor I contacted each other regarding moving out, must we automatically go to month-to-month?
3. If the term goes month-to-month am I responsible for the 2nd month of rent if I only need to stay for 1 extra month?
4. His argument is that he needs to find a new tenant and because we didn't notify him he may not find someone in time. If I vacate the premises at the "natural expiration of this Agreement" can he sue me for two months rent?
5. The terms are contradicting the way I am reading it. Do I follow the terms in the 1st quote where I need to give written notice 60 days prior to leaving or do I vacate the premises at the lease expiration?
Thanks for any help, I've just been hit with a lot of stress recently and this is adding to it.