Document 2: Lease Extension Fraud & Payment Concealment
Gasio v. Tran et al. – Submission to Orange County District Attorney
This document shows that landlord Phat Tran confirmed renewal of the lease for a third year, and the tenants promptly submitted payment in full. Despite this, Tran concealed the wire transfer from court and later denied lease renewal. Multiple communications and a clearly labeled $5,000 payment demonstrate a valid agreement.
Key Violations Supported in This Section:
- 18 U.S.C. §1343 – Wire Fraud
- CA Penal Code §470 – Forgery (contract void concealment)
- CA Civ. Code §1950.5(g) – Deposit retention without valid basis
- Small Claims Labor Recovery Doctrine – Tenant services (gardening) add value
Summary of Facts
Summary of Facts
- 03/25/2024 – Tenant emails landlord asking to renew lease at same rate.
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- 03/28/2024 – Landlord replies “I need time to think.” This is not a rejection.
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- 04/02–04/04 – Landlord signals indecision but confirms “we’re not looking for a new lessee.”
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- 04/04/2024 – Tenant sends final notice: “Put it in writing or return the deposit.” No rebuttal follows.
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- 04/19/2024 – Tenant wires $5,000 with memo “new lease 24 one payment at 5000.” Payment accepted.
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- 04/20–06/01/2024 – No lease denial received. Landlord fails to initiate refund or void payment.
➤ Relevant Context: Continuation of tenancy under California Civil Code §1945.
- Post-move-out – Landlord claims in court there was “no payment” and no lease renewal ever took place.
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Key Evidence (Summarized)
1. Wire Confirmation (04/19/24): Sent from Wells Fargo to landlord’s account with clear message: “New lease 24 one payment at 5000.”
2. Email Thread: Tenant confirmed intention to stay and received no rent increase notice. Tran later acknowledged the improvements made (e.g., gardening) and thanked the tenants for making it a home.
3. Refusal to Accept Funds: Despite clear receipt of funds, Tran made no effort to return or confirm the transfer, constituting fraudulent concealment.
DA Summary Conclusion
The landlord engaged in deliberate concealment of payment, reversed verbal confirmation of a lease renewal, then misrepresented facts in court. The tenant submitted full payment with documentation. Under California law, the deposit and final rent are owed back in full, and the concealed wire record constitutes financial fraud. Tenant also provided unpaid landscaping labor valued under small claims recoverable labor doctrine.
Prepared for direct submission to the Orange County District Attorney – Real Estate Fraud Unit