Please Help. what do you think ?
Tenant is claiming that Landlord breached the Lease by staying too long in his basement.
Tenant is renting only the Main Level of a Single Family House.
Tenant has served a 21 day notice to cure the (alleged) material non-compliance with the lease agreement and is trying to get the Landlord to move out and if not cured Tenant is calling the Lease Terminated and is giving notice to the Landlord that the Tenant will move out.
The Stated default / violation described as: "Landlord’s residency in the basement beginning September 28, 2019 and spanning 237 consecutive days, ongoing, in material non-compliance with your lease agreement Section 32, Other specific provisions: 5. Landlord shall be permitted to use the basement at his temporary residence at his convenience."
To cure the stated default Tenant requires from Landlord:
"1) Fully vacate the premises, 2) cease occupancy for the remainder of the lease term and, 3) Submit a United States Postal Service change-of-address form establishing a primary mailing address that is not on the premises."
Lease reads as follows:
Landlord shall be permitted to use the basement at his temporary residence at his convenience.
What do you think ?
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Please Help. what do you think ?
Upstairs Tenant is claiming that Landlord breached the Upstairs Lease by staying too long in his downstairs basement that has a separate entrance.
Upstairs Tenant is renting only the Upstairs Main Level of a Single Family House that has only one Upstairs Level and one downstairs level (Basement). (separate entrances, no areas are shared)
Upstairs Tenant has served on Landlord temporarily occupying a 21 day notice to cure the (alleged) material non-compliance with the Upstairs lease agreement and is trying to get the Landlord to move out and if not cured by Landlord , Upstairs Tenant is calling the Upstairs Lease Terminated and is giving notice to the Landlord that the Upstairs Tenant will move out.
The Upstairs Tenant, Stated default / violation described as: "Landlord’s residency in the basement beginning September 28, 2019 and spanning 237 consecutive days, ongoing, in material non-compliance with your lease agreement Section 32, Other specific provisions: 5. Landlord shall be permitted to use the basement at his temporary residence at his convenience."
To cure the stated default Upstairs Tenant requires from Landlord:
"1) Fully vacate the premises, 2) cease occupancy for the remainder of the lease term and, 3) Submit a United States Postal Service change-of-address form establishing a primary mailing address that is not on the premises."
Upstairs Lease reads as follows:
Landlord shall be permitted to use the basement at his temporary residence at his convenience.
The Upstairs Lease does not define 'temporary"
What do you think ?
Landlord does not want to move out at the Demand of the Upstairs Tenant (but will be moving out soon) , Landlord does not wish to have Upstairs Tenant Break the lease , by trying to 'define temporary' by counting the number of Days, that Landlord has been in the Basement.
NOTE: Landlord Name and Address Listed on the Upstairs Lease is the House Address of the Upstairs Lease (this re-enforces in my opinion that the Landlords has rights to reside / occupy the Basement of that house)