Attorney BobBennet: more information
As requested-The lease is 10 years with 2 additional 10yr lease optiionswhich will be signed at the beginning of the end of each 10yr period. Our contract to transfer lease is dated 7/28/06 & we have no knowledge of when the lease started originally.We’re the 3rd owner-the 2nd (whom weve purchased from) had contract dated Feb/6/99. We were told to continue with their lease till new one issued.Was supposed to be issued upon purchase-havent seen one yet. Thanks for your time–name removed–AdamsProperty is in Mulege BCS Mexico-I can fax copy of lease agreement if you would like.
Re: Attorney BobBennet: more information
On what date was the original signed? You are now a party to the original lease. That, or course, would show the end of the 10 year period. Your contract to transfer lease, would, of course, be subject to the original. You need to get a copy from the landlord, or landlord’s agent. The basic law is that rent can be raised as much as the landlord wants, except that raises of over 10% require 60 days notice, unless there is a local rent control ordinance. Some areas of California do have rent control, mostly in the Los Angeles and Bay areas. Also, raising rent 40% after 10 years seems excessive, but still is only 4% per year. You have an unusual situation. Also, the Mexican aspect is intriguing. I assume the owner is in Mexico, and the land in California. This could complicate matters further. Again, please feel free to e-mail me, or call, with further details. But you do not have to fax your 2006 copy, because the original lease is in question, unless you feel deceived by the party who sold it to you. That would lead to a confrontation covered by the law of contracts, as well as landlord-tenant law.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305