OT: Tenant Law in CA

[Eugene]

Not a RE attorney but I concur with EconProf. There has to be an automatic renewal clause and it has to be in boldface just above the signature. But I also think that automatic renewal clauses are nearly universal.

[quote]Dept of Consumer Affairs for the state of California.

http://www.dca.ca.gov/publications/landl…

I am also a landlord.[/quote]

A lease is not a periodic rental agreement. A periodic rental agreement is defined as “an oral or written rental agreement that states the length of time between rent payments – for example, a week or a month – but not the total number of weeks or months that the agreement will be in effect“.

[NotCranky]

I recently used the ’08 CAR form “Lease or month to month rental agreement”.They are still issuing this version at the local board. It says, “Tenant shall vacate the premises upon termination of the agreement,unless (i) landlord and tenant have extended this agreement in writing or signed a new agreement(ii) mandated by local rent control law: or (iii) Landlord accepts rent from tenant(other than past due rent)…

From this I don’t interpret an automatic extension requiring 30 days notice to be the law. But It will be interesting to watch this thread. Don’t know if it is legal to have an agreement including an automatic extension currently but I have had lease contracts in the past that convert automatically to month-to-month terms upon expiration of the lease. In the case of the op I would look for that kind of language in the contract.

[NotCranky]

I recently used the ’08 CAR form “Lease or month to month rental agreement”.They are still issuing this version at the local board. It says, “Tenant shall vacate the premises upon termination of the agreement,unless (i) landlord and tenant have extended this agreement in writing or signed a new agreement(ii) mandated by local rent control law: or (iii) Landlord accepts rent from tenant(other than past due rent)…

From this I don’t interpret an automatic extension requiring 30 days notice to be the law. But It will be interesting to watch this thread. Don’t know if it is legal to have an agreement including an automatic extension currently but I have had lease contracts in the past that convert automatically to month-to-month terms upon expiration of the lease. In the case of the op I would look for that kind of language in the contract.

[NotCranky]

I recently used the ’08 CAR form “Lease or month to month rental agreement”.They are still issuing this version at the local board. It says, “Tenant shall vacate the premises upon termination of the agreement,unless (i) landlord and tenant have extended this agreement in writing or signed a new agreement(ii) mandated by local rent control law: or (iii) Landlord accepts rent from tenant(other than past due rent)…

From this I don’t interpret an automatic extension requiring 30 days notice to be the law. But It will be interesting to watch this thread. Don’t know if it is legal to have an agreement including an automatic extension currently but I have had lease contracts in the past that convert automatically to month-to-month terms upon expiration of the lease. In the case of the op I would look for that kind of language in the contract.

[NotCranky]

I recently used the ’08 CAR form “Lease or month to month rental agreement”.They are still issuing this version at the local board. It says, “Tenant shall vacate the premises upon termination of the agreement,unless (i) landlord and tenant have extended this agreement in writing or signed a new agreement(ii) mandated by local rent control law: or (iii) Landlord accepts rent from tenant(other than past due rent)…

From this I don’t interpret an automatic extension requiring 30 days notice to be the law. But It will be interesting to watch this thread. Don’t know if it is legal to have an agreement including an automatic extension currently but I have had lease contracts in the past that convert automatically to month-to-month terms upon expiration of the lease. In the case of the op I would look for that kind of language in the contract.

[NotCranky]

I recently used the ’08 CAR form “Lease or month to month rental agreement”.They are still issuing this version at the local board. It says, “Tenant shall vacate the premises upon termination of the agreement,unless (i) landlord and tenant have extended this agreement in writing or signed a new agreement(ii) mandated by local rent control law: or (iii) Landlord accepts rent from tenant(other than past due rent)…

From this I don’t interpret an automatic extension requiring 30 days notice to be the law. But It will be interesting to watch this thread. Don’t know if it is legal to have an agreement including an automatic extension currently but I have had lease contracts in the past that convert automatically to month-to-month terms upon expiration of the lease. In the case of the op I would look for that kind of language in the contract.

[abell]

“Another obvious situation is where your lease is about to end, anyway, and you don’t want to stay past that. In that case, you don’t have to give any notice at all, and can just leave at the end of the lease term. The landlord doesn’t need any additional notice that you’re leaving, and you’re not entitled to it either, if the landlord wanted you out at the lease’s end. The only exception to that is rare: where your lease expressly states in bold print right above your signature that it automatically renews for another year unless you give notice. In that exception, you do have to give that notice to end the lease under its terms.”

Taken from: http://www.caltenantlaw.com/breaklease.htm

[abell]

“Another obvious situation is where your lease is about to end, anyway, and you don’t want to stay past that. In that case, you don’t have to give any notice at all, and can just leave at the end of the lease term. The landlord doesn’t need any additional notice that you’re leaving, and you’re not entitled to it either, if the landlord wanted you out at the lease’s end. The only exception to that is rare: where your lease expressly states in bold print right above your signature that it automatically renews for another year unless you give notice. In that exception, you do have to give that notice to end the lease under its terms.”

Taken from: http://www.caltenantlaw.com/breaklease.htm

[abell]

“Another obvious situation is where your lease is about to end, anyway, and you don’t want to stay past that. In that case, you don’t have to give any notice at all, and can just leave at the end of the lease term. The landlord doesn’t need any additional notice that you’re leaving, and you’re not entitled to it either, if the landlord wanted you out at the lease’s end. The only exception to that is rare: where your lease expressly states in bold print right above your signature that it automatically renews for another year unless you give notice. In that exception, you do have to give that notice to end the lease under its terms.”

Taken from: http://www.caltenantlaw.com/breaklease.htm

[abell]

“Another obvious situation is where your lease is about to end, anyway, and you don’t want to stay past that. In that case, you don’t have to give any notice at all, and can just leave at the end of the lease term. The landlord doesn’t need any additional notice that you’re leaving, and you’re not entitled to it either, if the landlord wanted you out at the lease’s end. The only exception to that is rare: where your lease expressly states in bold print right above your signature that it automatically renews for another year unless you give notice. In that exception, you do have to give that notice to end the lease under its terms.”

Taken from: http://www.caltenantlaw.com/breaklease.htm

[abell]

“Another obvious situation is where your lease is about to end, anyway, and you don’t want to stay past that. In that case, you don’t have to give any notice at all, and can just leave at the end of the lease term. The landlord doesn’t need any additional notice that you’re leaving, and you’re not entitled to it either, if the landlord wanted you out at the lease’s end. The only exception to that is rare: where your lease expressly states in bold print right above your signature that it automatically renews for another year unless you give notice. In that exception, you do have to give that notice to end the lease under its terms.”

Taken from: http://www.caltenantlaw.com/breaklease.htm

[SD Realtor]

Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.

Tell you guys what, the OP can follow your advice or my advice and let’s see where he comes out.

Additionally the LR form you are referring to Rus also specifies a period of payment to it as well. I believe at the end of the lease where it talks about the inspection for moving out, it states that the tenant shall give the landlord a notice of termination of tenancy, form NTT.

[SD Realtor]

Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.

Tell you guys what, the OP can follow your advice or my advice and let’s see where he comes out.

Additionally the LR form you are referring to Rus also specifies a period of payment to it as well. I believe at the end of the lease where it talks about the inspection for moving out, it states that the tenant shall give the landlord a notice of termination of tenancy, form NTT.

[SD Realtor]

Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.

Tell you guys what, the OP can follow your advice or my advice and let’s see where he comes out.

Additionally the LR form you are referring to Rus also specifies a period of payment to it as well. I believe at the end of the lease where it talks about the inspection for moving out, it states that the tenant shall give the landlord a notice of termination of tenancy, form NTT.

[SD Realtor]

Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.

Tell you guys what, the OP can follow your advice or my advice and let’s see where he comes out.

Additionally the LR form you are referring to Rus also specifies a period of payment to it as well. I believe at the end of the lease where it talks about the inspection for moving out, it states that the tenant shall give the landlord a notice of termination of tenancy, form NTT.

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