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.