Exhibit 1012 – Demand Letter for Contract After Payment (May 11, 2024)
Summary
This exhibit documents a formal email sent by Michael Andrew Gasio on May 11, 2024 to Anna Ly
(Sun Realty and Management, BRE# 01894348) regarding the lease extension at 19235 Brynn Ct, Huntington Beach, CA.
The letter asserts that payment for the renewal was already made and demands issuance of the valid contract reflecting the original
agreed terms. The correspondence was also copied to Hanson Le and Phat Tran, establishing notice to all relevant parties.
Email Evidence
Key Points
- Payment for the May 2024 lease extension had been completed before the owner attempted to alter terms.
- The letter identifies unethical and potentially unlawful post-payment changes to the lease terms.
- Author cites that termination of the agent’s employment does not void existing contractual obligations.
- Requests formal issuance of the original contract honoring the agreed $5,000 monthly rate.
- Confirms written communication chain between tenant, agent, and property owner, supporting intent and notice.
Applicable California Law
- California Civil Code §1636–1639: Contracts must be interpreted by the mutual intent of the parties at the time of agreement. Payment demonstrates acceptance and execution.
- California Civil Code §1657: If time for performance is not specified, a reasonable time is implied—payment prior to the due date establishes compliance.
- California Civil Code §1945: Acceptance of rent or renewal payment creates continuation of tenancy under the same terms unless properly modified in writing.
- California Business & Professions Code §10131(b): Lease negotiation and renewal must be performed by a licensed broker or authorized agent—Sun Realty held that authority.
- California Penal Code §532: Knowingly inducing payment for a contract and then altering terms may constitute theft by false pretenses.
Legal Interpretation
This letter serves as formal demand and proof of payment for a valid lease renewal.
It establishes that the tenant performed his contractual duty by paying early, and that any attempt by the owner or agent
to alter or withhold the lease after payment violates both civil contract law and California tenant protection statutes.
The correspondence also demonstrates written notice and documentation sufficient for judicial review.
Cross-References
Timeline Node: May 11, 2024 — Formal lease renewal demand after payment.
Folder Path: /Exhibits/Contract_Enforcement/1012.html
Tags: lease extension, payment confirmation, contract enforcement, Anna Ly, Sun Realty, Berkshire Hathaway, California law