Legal Question in Real Estate Law in California
Dated 9-10-10
We have a situation with a 20-acre parcel of property.
We entered into a lease on 6-23-09.
We also have a purchase agreement and an option to buy agreement.
Our plans were to pay off property and build a house in the future.
Our lease states that we are allowed to park vehicles on the property.
I also have permission to park Semi trailers,small buildings and storage bins on the property.
There is a generic residential stipulation that like all rents or leases state, need to have all vehicle parked in designated parking area and not leaking fluids.
This is a 20-acre bare land parcel.
My point is these vehicles have been parked here on bare land for over a year and the leasor has seen or known of them all this time.
To me this seems to be acceptance on their part .
The landlords have not said anything to tell me to remove the vehicles before this time.
Date lease started 6-14-09 thru 9-10-10 today
We received a three-day notice to perform covenants or quit on August 30th 2210.
Three days to remove the cars was not enough time to remove them.
I did call the landlord and asked for additional time to remove the cars,No extension was granted.
Yes we have removed most of the vehicles on the property.
On September 9-20-10 we received a 60-day notice to terminate our lease agreement.
This I believe will terminate our opportunity to purchase the property.
Money, $11,000.00 was put down on this property and $1000.00 a month lease agreement.
$200.00 a month goes to pay down on the property.
We just lost our house and went through a bankruptcy last year in 2009.
Some other Real estate people seem to think there is something we could do about this.
Reasons about code of ethics and she knew what it takes to set us up for failure since she knows the laws.
Hearing all the stories about this lady and her real-estate deals with other people makes me wish I had stayed clear of the situation. I feel now that she just took our money to pay her back taxes.
Now what do I do?
Rich In Sheridan Ca.
4 Answers from Attorneys
Hi Rich,
I am a real estate attorney in the san francisco bay area. I deal with commercial landlord tenant law, quiet title, property disputes, and others. I would need to see the lease agreement and option to buy, but my sense is that she needs a good reason to evict you and I dont know that she has one. She cannot take away your option to buy if you have such option without incurring liability to you. If you dont obtain legal representation in this matter, you will probably end up being evicted and losing your rights. I am happy to help, if you want to send me an email to discuss.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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You need to have a knowledgeable real estate attorney review all the relevant documents without delay.
If there was no designated parking area, you would seem not to be in violation of the lease. If the vehicles were parked in the same general area for a year or so, you could argue that if she saw the vehicles ans there was no complaining, she did accept the condition as ok and can not now change because you relied to your detriment on what she did.
You need to look at the terms of the contract as to whether it says what happens if there is an alleged breach. Also, is this a major breach or one that can be cured with money? If the latter, then she may not be able to oust you form the property. What does the contract state as to your getting your money back; can she afford to pay you all of that? Did any neighbors complain about the vehicles, police come out, etc? What is the term of the tenancy? If she prepared the contract and it allows her to kick you out at any time and not return the lease money, then she cheated you as to the contract and just was setting you up. You should be able to get at least your money back.
If she has done this before, one tenant complaining is likely not going to have much effect. A demand letter on a lawyer's letterhead will be much stronger.
If you have any more questions or want me to help out [I charge $100 per hour as I as semi-retired], e-mail or phone me at 510-441-2684
An additional defense is that every contract, including a lease-option, is said to contain an implied clause to the effect that each party will exercise "good faith and fair dealing" with respect to the subject-matter of the contract. The landlord seems to be in breach of this implied covenant, and that would be a defense to an attempt to terminate the lease and cause a forfeiture of your rights.
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