Ｉhave a tenant who has 3 months lease with me. She live in a 3B/3b. the smallest one . Her lease ended on 6/15. 7/1, I sent her an email, and told her she maybe continue to stay in her current small room. Or she can move to upstairs, the biggest room． She replied me in email, she may want to move upstairs. But we haven't talked about the pricing and terms for the bigger room yet. Few days later, I only can give her the small room or the middle size room in upstairs due to my business.
She want to solve this problem by law as I sent her email to tell her she could stay either of these two rooms. But we haven't sign the contract yet. By law, do I have to rent her the biggest room as the email already gave her that option.
Probably not. The email may be evidence of an oral agreement, but if the terms of the oral agreement are not clear and/or if the email merely shows an offer during the negotiation stage, there would not be an oral agreement. Here, it seems you have not yet discussed the rent amount or other details. Generally speaking, an oral agreement would not be enforceable with respect to leasing real property.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
1. You seemed to be merely soliciting her to engage in a dialogue with you about 2 possible options to consider if in fact she even wanted to stay on as a tenant. I do not see this as an offer being made by you, especially since you did not offer a lease or the price for the new room.
2. Her email back to you seems to comport with your thinking on the matter to the extent the tenant says "she MAY WANT TO to move upstairs." clearly she did not take your communication as an offer which she has accepted...in fact even if it was the case her answer/(hedging) was not an acceptance of an offer (theoretically) you made to her.
3. How was her original lease concluded/signed, etc? Does it have a renewal clause that says NOTICE of renewal is fine by email? I doubt it very much.
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