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Landlord Lost Lease

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Landlord Lost Lease

Postby shell1180 » Fri Jul 25, 2003 1:18 pm

My roommate and myself were on a years lease. I had signed the lease, however my roommate had not. The landlord gave my roommate the original lease to take home and sign, but my roommate lost it. Landlord has no copies of the lease. I would like to break my lease. Since there is no lease, am I on a month 2 month basis, therefore enabling me to give my 30 days notice?
shell1180
 
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Joined: Fri Jul 25, 2003 1:01 am
Location: Sacramento, California

Re: Landlord Lost Lease

Postby custudent » Fri Jul 25, 2003 4:40 pm

I know nothing about real estate law in California.

However, I think what you are trying to do is sleazy. Your roommate lost the only copy of your lease and you want to take advantage of this situation by claiming that “there is no lease”? Of course there is a lease. You know that you have a contract with your landlord. The evidence of this contract may be missing, but this doesn’t void the contract.

Let’s spin the situation. If you didn’t have a copy of the lease, would it be OK for the landlord to double your rent every month? Or to eliminate services that were included in the lease?
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Location: upper west side

Re: Landlord Lost Lease

Postby Iddabiddy35 » Thu Apr 06, 2006 11:46 am

In California it is the Consumer Affairs Dept. that handles LL/tenant issues.
Contact: www.dca.ca.gov/legal/landlordbook/index.html

I also looked up Oakland issues at:

www.oaklandnet.com/government/hcd/rentboard/index.html

Good Luck - but always tell the truth and play fair.
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