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I recently joined TCS but I was moved into very different project which was told during hiring. Also they told me for joining incentive but later after 65 days of joining they didn't give saying your business aproval got rejected. I really want to be with TCS but due to project dissatisfaction, I am looking for different job. I am not sure if I can leave the organisation soo soon(4 months) and it should not effect my carrier.
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I don’t know the answer but what proof can the estate show?
The oral lease for the year term would stand. The estate would have to terminate/rescind the lease (see cc 1689 or 1942 generally) and demand the months of “unused” rent back. The landlord has an affirmative duty to mitigate damages (I.e re rent the unit). Then, the Estate has a fairly good argument for a return of the rent before expiration of the lease and after the unit has been re rented… then it’s just a cost benefit analysis for the estate.
Thanks!
This is a pretty decent law school issue spotter haha...
If the next of kin or estate executor can claim the funds. The money is not the landlord to keep, but charges for the turn can be deducted from the credit the tenant has.
This is residential ADU house so no apartment association etc it was very informal
Coach
I have nothing for you, but it’s an interesting issue.
Absent a statute or ordinance to the contrary (or the lease addressing the issue), I would think that the default position is that the lease remains in effect , but the lessee is now the decedent’s estate. Of course, in California, it wouldn’t be surprising to learn that there’s a law to the contrary, but a quick google search suggests that the default remained good law as of 2011.
At that point, all that’s left to argue over is whether you can claw back prepayments, t I’m not sure what that gets you unless you then planned to default on the obligation.
Coach
Just picked up on the fact that there was no written agreement.
Which leads to another interesting question:
Was this a month to month lease, or was there a one year tenancy established by course of dealing (prepayment and acceptance of rent).
If you’re looking to get out of the lease, maybe your first visit should be to the California statute of frauds to see if a one year tenancy can be established without a written instrument. A quick search reveals that tenancies IN EXCESS of a year must be in writing.
My gut tells me you’re out of luck on the merits, which means you either want to see if you can negotiate an early termination (maybe rents have gone up!) or get really creative.
I don’t know anything about crazy Cali real estate law but wouldn’t there also be a case of unjust enrichment by the landlord if he kept all the money but for a time there was nobody to lease it to?