Q: I am a tenant and signed a lease with a married couple, lease is signed by both the husband and wife jointly. SDAT shows
they are both on the deed 50/50 ownership. They are getting divorced and the husband is claiming he is managing partner and has the right to terminate the lease without her consent. The divorce will not be finalized for 5 mo. She does not wish to terminate lease opposes his actions. What are my rights as tenant? It is single family home unit, at lease signing they had me initial all options 1) lease renews automatically, 2) lease goes month to month, and 3) new signed lease is to be executed at expiration. Prior to 1 st yr lease expiration I requested in a written email clarification which I have never received. It is now 3 yrs and 1 mo since original lease was signed. Never given new lease. What amount of notice to vacate am I to receive? Initial yr lease was 2/1/2020 -2/1/2021 prior to 10/2021 so I understand this date is of importance. Does the lease renewal ambiguity negate/work in my favor since I am just tenant that not properly informed even when I requested clarity in writing?
A:
I would need more information to answer this fully.
You mentioned that there is a automatic renewal clause in the lease that you initialed. Did that automatic renewal clause state that the lease would be renewed automatically for an additional year unless either party takes an action?
If so, arguably, that is enforceable. Any ambiguity in the lease would probably be in your favor. However, there are quite a few questions that would need to be answered. I would suggest you contact a knowledgeable attorney.
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.
