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View Full Version : Not Renewing a lease going to Month to Month


compeye
Oct 3, 2011, 01:03 AM
Hi I bought a ranch in 05 from my dad with a 1.00 per yr lease for 5 years and it states in the contract it is renewable for another 5 years. The contract was up jan 10 2011 at 12:01 pm we did not sign a new lease we talked about letting go to a month to month before it was up. My dad bought a house in AZ and was working there when the lease was up. My Dad passed away in AZ April 26 th 2011. I evicted his girlfriend and live in of many years after my dads death she was allot of problems and was not on the lease it states for his personal residents only. I used a eviction co to complete this task. They gave her 30 days and handled the paperwork she got out. He had got a AZ Driver Lic was planing on moving there he was taking things from our ranch where he was living back to AZ. The estate came in and removed the things from my dads mobile home he was staying in on the property. They left all his crap outside old broken down tractors trailers wood and steel old misc shop tool etc. The inside of the mobile home was trashed we had to gut everything. I sent a letter to the executor of the estate to please remove these things around the property or release them to me. I gave him a date to respond to me they are using my property as a FREE storage unit for all his things. I told them if I got no response would start cleaning up myself. The estate lawyer sent me a letter stating the lease was valid for 5 more years and I was responsible for the safe keeping of the things If I kept trying to get them to remove these things they would come after me in court. My Dad was in AZ when the lease was up I did not take money from my dad for rent at the end of the lease did it still go to a month to month or is it implied the lease renewed. In the lease it states a new signed lease will need to be in place or if I took rent it would be a month to month tenancy. HELP they won't turn off the power PGE to the house can I turn off the power and put it into my name being the owner and give them a 18 day notice to remove there things. I am in CALIF by the way. Thanks

joypulv
Oct 3, 2011, 03:09 AM
This is so utterly confusing I don't know where to start asking.
You say:
You bought a ranch from your dad in 05.
You then rented it (to him?) for $1 a year.
He then bought a house elsewhere, in AZ.
He then died.
(You evicted his woman friend - what does she have to do with this story?)
The estate lawyer is at odds with you over the status of the house YOU own, even though this is presumably your estate? Are there other beneficiaries? Why do they need another 5 years? Why can't you just go there and do what you want? Surely probate is over? As for the lease, if your dad paid $1 a year, you are going to have a tough time proving he didn't hand you a dollar for a whole year, thereby renewing the contract, BUT a lease ends with death, so I don't get this at all. And I still don't get why the lawyer seems to want to keep all his junk on the property that was your property to begin with. There has been plenty of time to do an inventory. Can you explain more?

ScottGem
Oct 3, 2011, 03:46 AM
I agree that this is very confusing and you need to clarify.

If you bought the ranch, why are you leasing it? If he owned it, didn't it become part of the estate?

AK lawyer
Oct 3, 2011, 06:30 AM
I agree that this is very confusing and you need to clarify.

If you bought the ranch, why are you leasing it? If he owned it, didn't it become part of the estate?

Although the syntax leaves a lot to be desired, I am fairly sure that I understand what OP is saying. OP bought the ranch from his father and then leased it back to him at $1 per year. This 5 year lease has expired, the father has died, but the father's estate is claiming that the lease was somehow renewed.

I would notify the estate that the lease was not renewed, demand proof to the contrary, and institute proceedings to evict it from the premises. I would also ask the court for authority to dispose of the items left there.