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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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