Q: Can I be evicted? I was given an extra 2 weeks after the lease was up that I paid for and was willing to pay the month.
My lease has no dates printed on it. It ended on Sep 30. I was given a 60 day notice. I needed more time. They agreed to give me 2 wks till Oct 15 that I paid for. I asked for a little more time. They refused and I received a 3 day notice and then was mailed a notice to evict on Oct 29. The lease states HOLDING OVER: Any holding over after expiration there of with the consent of Owner or his Agent, shall be construed as a month to month tenancy in accordance with the terms hereof, as applicable, until either party shall terminate the same by giving the other party 30 days written notice delivered by certified mail or by person in hand to ( rental agency’s address) I was mailed the eviction with a copy of the lease with the dates written in after I signed it. Are they obligated to give me a 30 day notice once the 2 wks were up on Oct 15? If so what do I tell the judge in my response? I can move Nov 29.
A: The landlord may well argue that the verbiage" until either party shall terminate the same by giving the other party 30 days written notice" doesn't apply because they specifically agreed to give you two weeks instead. But you can argue that the 30-day notice provision in the lease should apply; because ambiguities in contracts should be resolved against the party who drafted the contract (the landlord or it's agent, presumably).
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