When a landlord agrees to rent a piece of his property to a tenant, he and the tenant execute a document called a lease agreement. That document is honored by the state as a legally binding contract. Thus, both parties are bound to honor the terms of the contract. Otherwise, the [...]
As a breach of contract attorney in San Diego, I know suing or getting sued for breach of contract requires three elements which may be compared to a camera’s tripod. Like a tripod, if one element or “leg” is missing, then the tripod or case cannot stand. The three elements that [...]
Most of the time when someone is residing in a residence/commercial space as a tenant there is a lease or rental agreement in place. However, at times there may be neither. In these cases, the law will likely support a finding that the tenant is a month-to-month “tenant at will”. This is the default category for tenancies not supported by a written lease agreement in which the occupying party was initially welcome on the premises.