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IDo I have to rent the master bedroom to her? Does the email effect the same as contract?

Irvine, CA |

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.

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Attorney answers 2


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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.



thank you so much. it's very helpful. HEre is the conversation of email: 我们的租房协议已经到期。我希望知道你的计划。现在已经有人问我,8月中旬之后,是否有房间空出来。 原来说过,3个月期满之后,如果续期,就签1年的合同。你如果你希望住主卧,可以从9月1号开始搬到主卧。你希望继续住楼下,也没有问题,价格可以不变,只是需要续签1年的合同。 她的回复:sorry,上班没看电话,7点才回来,续签的事情,我目前还是想住主卧。


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 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.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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