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I signed a years lease in 2003. Was asked to sign a new years lease in 2004 but declined and agreed (verbally) to go month to month. I moved out in 2005. Can a breach of lease agreement law suit be brought forth against me for something that happened in 2005(during the move)? Was there a lease? Do leases automatically renew should a tenant not sign a new lease?
Last edited by TROUBLE : 09-20-2006 at 11:51 AM. |
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Always remember to tell us your State name. Generally, a lease, and its terms and conditions, remain in effect as long as you're a tenant. The only thing that changes when you don't sign is the "term" of your tenancy; e.g., one year. When a lease goes unsigned, it automatically turns into a "month-to-month" tenancy, with the other terms and conditions in the lease agreement remaining in effect. For example, if the lease requires you to give a 30 day Notice, then you are bound by the contract (lease) to give such Notice, even though your lease is now a "month-to-month" tenancy. It would have saved some time if you had been specific about what was happening to you. So, yes, you can be sued for something that happened in 2005(during the move). |
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OK, I will be more specific. I signed the lease for one years term in 2003. In 2004 I gave written notice to not renew my lease and move (due to business not being what I had expected). During the move my landlord asked me to stay and try for a little while longer. I agreed and started moving my antiques back into the property. I was asked a few days later by my landlord to sign a new years lease. I declined signing a lease not knowing if my business was going to make it or not. We agreed that I would go month to month on a trial basis. In 2005 it was apparent that my business was failing and I again gave notice to move. I was told to take my time moving out because my landlord had no prospects of a new tenant and she knew that I had a lot going on in my personal life. Moving out a little at a time took 3 months. During my move my landlord started painting and repairing the property. My antiques were moved to a back room so that they could prepare the property for rental. 3 months later they have a tenant who wants to move in immediately. I start getting calls, letters and threats of eviction. I move my remaining antiques immediately. I am now being sued for breach of contract because they want me to pay for the 3 months that it took (with their permission) to move. Do I have a chance? Was there a lease being that I had given notice and not signed a new lease? They had possession of the property while I was moving. I was not conducting business and they were only storing my antiques in a back room. What are my options and chances with this law suit? State is Alabama.
Last edited by TROUBLE : 09-20-2006 at 11:49 AM. Reason: Forgot to name State. |
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This is exactly why you needed to be more specific in your initial post. There is a big difference in the law when it comes to "residential" lease law and "commercial" lease law. I thought you were talking about the former and not the latter, and I'm not familiar with commercial rental lease law. So, I would suggest that you consult with a local attorney. Thanks for writing. |
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