Comments on: Tenant Troubles: You May Not Have To Sign That Lease, But Here’s Why You Should

By: Raina Ananda

Raina Ananda — Fri, 28 Jul 2017 07:15:00 +0000

They landlord can’t demand it but he can still terminate your tenancy with 30 days notice if you are in a month to month lease.

By: Mark Talmadge

Mark Talmadge — Tue, 23 May 2017 14:38:00 +0000

Ridiculous. An attorney telling tenants not to exercise their tenant rights? LOLS. Sounds like this attorney represents landlords and doesn’t represent the rights of tenants.

By: priscilla t

priscilla t — Tue, 17 Jan 2017 04:36:00 +0000

i need help making a decision, we are renting a house moved in 02/15 with a year lease ending 2/16. the landlord put the house up for sale 10/16 which was fine we allowed for open house and random showing during the week. we decided to apply for another house to rent the rental place called my current landlord for a reference she said she told them we were the best tenants. she then calls me after hanging up with them and told us she didn’t want us to move that she’s taking it off the market. so of course we decided to just stay here asking for another year lease. she agrees sends the new lease but says she is planning to put the house on the market again and if we sign the lease she promised we would be covered.. I don’t want to have to go through the whole open house and showings again due to the fact that it was the most stressful thing I experienced. but i also don’t want to not feel secured. what should I do? sign or no sign??? what is the best thing for me

By: Tim

Tim — Thu, 06 Nov 2014 15:21:00 +0000

Tim. I agree with Dave. The original Agreements (yr 2) lapsed and was recharacterized or merged into a “new agreement” with a month-to-month duration or term. In order to recharacterize it back, there should be a provision in the original agreement that authorizes a reverse recharacterization or in the absence of such provision, both parties must agree to the reverse recharacterization. Not a lawyer, but I think the judge would agree with Dave. Both parties take their chances entering into either a long term or month-to-month duration and the court should not shield the parties from the benefit of their bargain and the short or long-term consequences of their bargain good or bad. Make sense?

By: missy

missy — Thu, 13 Mar 2014 20:25:00 +0000

Hi Dave, Ok, I will be glad to but when I plugged the website name in on my Mac it told me that was a “phishing site” hope I spelled it correctly…..Thanks! 🙂

By: Dave Crow

Dave Crow — Thu, 13 Mar 2014 20:21:00 +0000

Missy,
I do not answer new questions in a comment bump. Please send them to tenant@sfappeal.com
Dave

By: missy

missy — Thu, 13 Mar 2014 19:52:00 +0000

So our landlord wants us to sign a new lease…increasing to $400 a month for the house we rent. We agreed to $300 per an email from last year. She has been really ugly in her emails ( she gave us a good deal 7 yrs ago and only increased $50 on average a year until last year she wanted $500 increase and settled for $300) and we have not responded yet. Can we just not sign a new lease and keep paying the current amount until we find another place? Suggestions? Thanks!

By: mtf

mtf — Sun, 08 Dec 2013 02:24:00 +0000

Not quite the same issue – Our 12 mo lease expired 4 mo ago. Our ‘agent’ told us “no need for a new lease” we have been paying rent on time but would like to move. In the absence of a new lease, what are our rights and responsibilities? Can we still clai our security?What notice do we need to give?

By: Tim Bracken

Tim Bracken — Wed, 17 Jul 2013 19:40:00 +0000

Right, and a month-to-month tenancy that takes effect in the absence of an agreement is not an agreement. So “the” previous agreement would be the expired lease agreement executed by the parties. Best wishes.

By: Tim Bracken

Tim Bracken — Wed, 17 Jul 2013 19:40:00 +0000