REVISED: I have an annual lease with my landlord that specifically"shall begin on May 1, 2016 and will end on April 30, 2019. At the end of each year of the lease, tenant and/or landlord will have the right to renew or terminate this lease agreement. A thirty day written notice of intent to renew or terminate the lease is required".
The lease also states specifically" the annual lease payments shall be as follows;
May 2016-Aril 2017 $1850.00 monthly
May 2017-April 2018 1950.00 monthly
May 2018-April2019 $2000 monthly
Total amount for three years $69600.
On February 8, 2017 the landlord and I agreed to renew the lease for one more year. Specifically, " Let's officially confirm the renewal of our lease for the term beginning May 2017 to April 2018. Monthly rent will be $1950.00. Please confirm and sign and I will return a signed copy to you".
Document was signed by both parties and exchanged via scanner and email. Landlord resides in Colorado.
Today the landlord told me she did not want to renew the lease. She stated regardless of what we signed, she still has thirty days to terminate.
Isn't the signed renewal binding? Language above is identical to lease.
"....is identical to the lease." if I only had a dime for every time I have heard that in 30+ years....Just to be clear no lawyer would construe just one sentence from a document - especially one as poorly drafted as this one seems to be.
But thanks for the clarification, it does ehlp; and your "argument" to stay certainly appears stronger - but I think what we said previously still holds. The reality is, you can't get a useful answer for this one on line, and you will have to consult with a good local tenants attorney if you wish to sue the LL and take the position that 7 words in your e mail (i.e., "officially confirm the renewal of our lease"). What's more, as I mentioned, the lease (quite ambiguously!) gives BOTH parties the "right" to notify the other of renewal and OR termination (with 30 days notice). A crafty LL attorney would argue that this provision controls of your 7 word e mail. Not saying the LL would win; but there's no slam dunk for either side that I see here, just LOTS and LOTS of dough (thousands) i costs and attorney fees to pay - just to fight to stay. The Ll will move to evict (not good) and try to charge you DOUBLE rent (and attorneys fees) which you will pay if you lose.
In short, you're not likely to get anyone here on line (who has not read your lease in its entirety, seen all the emails, spoken to your LL to get his side, investigated all the facts, etc) to unequivocally confirm your e mail here constitutes "a renewal." And even if one did, it would be up to the LL to call you on it - or not. And who knows what in other folks minds these days. And fighting the good fight will be costly indeed. But totally your call. Me i would never go to aprty to which I was invited (not that it has ever happened, but...); the fact is, only you know the real worth of the property (to you), the value of the rent, etc.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline