Re: tenant at sufferance hasn't paid rent for over a year
Posted by Ronda on 2/18/09
The owner of the apartment building says the agreement with the holdover tenant to allow him to stay in exchange for light cleaning services was an oral agreement. >> >> To the Original Poster: >> >> If the lease contracted for services in exchange for payment of >> the lease rent it is probably valid. However, the landlord must >> determine the term of the original lease. If over 1 year it >> must have been in writing. >> >> If the lease for services is found to be a valid contract, the >> landloard must bring an action for breach of contract alleging >> that the tenant has not upheld his end of the contract of >> services in exchange for rent. The tenant will likely claim he >> has provided the required services for satisfaction of rent. The >> landlord will claim the required services have not been >> performed when due. That will be a question of fact for the >> trier of fact. The contract will control what services the >> tenant had preform and when to satisfy his end of the bargained >> for exchange of services for rent. If the landlord establishes >> that the contract for services has been breached, he may seek >> eviction for non-payment of the rent.
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