1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can landlord revoke lease offer if we questions specific terms? Making a Lease

Discussion in 'Rental Agreements & Subleases' started by ChrisW, May 10, 2021.

  1. ChrisW

    ChrisW Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    We are tenants in property for 5 years. Property management sent us a lease renewal with terms we want to negotiate. If we express our concerns and they disagree, can they "take back" the renewal offer and not continue to lease to us? Or do they still have to offer us the original renewal offer? In other words, we're trying to decide how much we want to "complain" lest they decide not to rent to us at all and force us to move out over a minor contract issue.
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,271
    Likes Received:
    3,022
    Trophy Points:
    113

    Yes. A contract requires offer and acceptance. They make you an offer. You question the terms. That means you have not accepted the offer and they are free to rescind it and decline to renew your expiring lease.

    What do you call "a minor contract issue"?
     
  3. ChrisW

    ChrisW Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Thank you for the responses.
    The issue we're disputing is that they want us to agree to pay an additional fee (for use of their "technology services") as part of future lease renewals. In other words, the lease document states we don't have to pay it this year, but we agree to pay it next year. (I am actually creating another thread to ask about this.)
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,271
    Likes Received:
    3,022
    Trophy Points:
    113

    Please keep all discussion of your rental problems in this one thread and don't open any others. I moved the new question and my response here and deleted the other thread.

    Unless you are in a rent controlled city (I don't think Irvine is) they can charge whatever they want to charge to renew your lease. Your choice is to pay it or move out. The PM's relationship with the property owner is between the PM and the property owner and has nothing to do with you.

    That you have been a great tenant for 5 years may cut some ice if you object to the new charge but if they are applying this to all tenants they probably won't back off unless lots of tenants start moving out and then end up with a lot of vacancies.
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,854
    Likes Received:
    1,346
    Trophy Points:
    113

    When you say that the landlord "sent [you] a lease renewal with terms," what exactly does that mean? A new lease? An amendment to the existing lease? A list of terms upon which the landlord is currently willing to renew the lease? Without seeing or having a detailed description of what was sent to you, it's impossible to know if it meets the definition of an offer.

    However, even if it is an offer, the general rule is that an offer is revocable until such time as it is accepted. If, instead of accepting the offer, you seek to negotiate, the landlord would be within his/her/its/their rights to revoke the offer and, instead, serve you with a notice of termination of tenancy (assuming your current lease has expired and/or converted to a month-to-month lease).

    I assume this is a one-time, not monthly, fee. Correct? What are you receiving in exchange for payment of this fee.

    Irvine most definitely does not have rent control, but I'm curious why you think the OP is in Irvine since that's not mentioned in any of his/her posts.
     
  6. army judge

    army judge Super Moderator

    Messages:
    33,855
    Likes Received:
    5,500
    Trophy Points:
    113

    The "technology" services you'd be required to purchase from the lessor run about $45.83 per month over twelve months.

    What benefit do these "technology" services provide to me?

    For less than a lousy $50.00/month, I could avoid the hassle of moving.

    For less than $50.00 a month (even if) I was provided useless or even redundant services, the value proposition to me would be that I avoided the hassle and cost of relocation expenses (in cash and sweat).

    If that value proposition is unimportant to you, then by all means, negotiate.

    Me, I'd accept the fleecing without pause or comment.
     
  7. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,271
    Likes Received:
    3,022
    Trophy Points:
    113

    We super moderators have super powers. ;)
     
    army judge likes this.
  8. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,018
    Likes Received:
    1,175
    Trophy Points:
    113

    That statement is not correct. California now has a state wide rent control law known as the Tenant Protection Act of 2019. While a one time charge of $550 by itself won't result in an increase that violates that Act, when added to whatever other increases there are it is possible that the Act would be violated.
     

Share This Page