Q: my lease says the landlord can do a non-renewal of lease 60 days before. Some lawyer sent me the non-renewal of lease
is that allowed? and if that is the case shouldnt the letter say the lawyer is representing the landlord?
A: Technically, you may have an argument. There does exist a case concerning a long-term commercial lease with a similar provision which held that a letter declaring a non-monetary default sent by an unknown lawyer was not effective because the unknown person didn’t identify himself as representing the landlord. Whether a court would agree similarly in your situation is unknown so that you may want to avoid the enormous cost, effort and time to litigate this issue in court, especially since, by asking this question on a public website (which may admissible in court), it is apparent that you actually suppose the letter was sent on behalf of the landlord. Also, not having read the entire lease, any reasoned response to your question is not possible. Perhaps the more prudent response to the non-renewal letter would be for you to use it to begin cordial negotiations with the landlord on what new and different terms and conditions you would both find agreeable to have the lease renewed.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
