Option to Renew Lease

[Pagey]

FACTS:
1. I'm renting a house in California - first lease ended 10/31/06.
2. My intention was to have a 1 year lease with an option to renew for another year.
3. Landlord wanted to make the first lease only 10 months, so it would be easier to re-rent if I didn't extend (so as to not end during the holidays), with an Option to Renew for another 12 months after that.
4. The following is the section in my lease:
OPTION TO RENEW LEASE AGREEMENT. The Lessee may request for renewal of the lease agreement in writing for a further 12 month period at least 60 days prior to the expiration of this agreement.
5. I mailed the Option to Renew letter to the landlord as per above. My letter in part stated "my lease is now extended through 10/31/07". He e-mailed me that he received my letter.
6. About 1 month later he e-mailed that he was reluctant to enter into another 12 month lease (I think because he wanted to sell the house), but he would prefer to go month to month and if I agree to that he wouldn't raise my rent for 6 months.
7. My reply to his e-mail was that I didn't want to go month to month, and I just want to extend it for 12 months and it therefore it ends 10/31/07.
8. He didn't reply to that e-mail.
9. Now, about 8 months later, he is saying we don't have a valid lease agreement and he wants me out by July 1.

Question:
Is my Option to Renew letter valid to extend my lease to 10/31/07? Or did we BOTH need to sign a new lease?

Any options you think I have at this point?

Thanks so much, I really appreciate your help!

[panther10758]

Your dead in the water. You have been on month 2 month agreement for sometime now. Keep in mind without a new lease signed and agreed on you are a month 2 month renter. This means owner can ask you to leave at anytime longs as owner meets requiremnts for proper notrice (60 days for CA) he has. You need to look for another place.

[Mr. Knowitall]

OPTION TO RENEW LEASE AGREEMENT. The Lessee may request for renewal of the lease agreement in writing for a further 12 month period at least 60 days prior to the expiration of this agreement.

That language seems totally meaningless. You can request a renewal? You can always request a renewal, whether or not the lease lets you.

A central issue for you seems to be that if you don't move he will try to evict you, and at that time you will have to decide if you want to try to fight eviction in court or move. If you are going to try to fight eviction you would have to convince the court that the lease language resulted in renewal based simply on your request, even though your landlord rejected an outright renewal. To put it in the form of an understatement, I suspect that will be difficult.

[Pagey]

Thanks so much for BOTH of your replies. Are either of you attorney's (so sorry if I should know the answer to that but I'm a newbie here). I suspected that your answers are correct but my BF is totally convinced we have a lease until 10/31/07, so I would love this ammunition to show him he is not right. If you are an attorneys that would help my case.

He thinks the judge will look to "intent", by that he means our intention all along was to have a two year lease, and even if that was just orally mentioned and not written into the lease.

Can you refute his "intent" agrument so he will wake up and smell the bacon burning?

Thanks for your time, it is very much appreciated!

[panther10758]

You have nothing that even suggest you have a one year lease renewed for another year! In fact you have just the opposite!

1. I'm renting a house in California - first lease ended 10/31/06.

Your lease ended 10/31/06 and you automatically went to month 2 month this is the law unless put in writing.

My intention was to have a 1 year lease with an option to renew for another year

Your intentions mean nothing its Landlords intention that count

4. The following is the section in my lease:
OPTION TO RENEW LEASE AGREEMENT. The Lessee may request for renewal of the lease agreement in writing for a further 12 month period at least 60 days prior to the expiration of this agreement.
5. I mailed the Option to Renew letter to the landlord as per above. My letter in part stated "my lease is now extended through 10/31/07". He e-mailed me that he received my letter.

I see nowhere where he agreed to this or provided you with new lease to sign

6. About 1 month later he e-mailed that he was reluctant to enter into another 12 month lease (I think because he wanted to sell the house), but he would prefer to go month to month and if I agree to that he wouldn't raise my rent for 6 months

Right here is his proof there was no renwed lease!

7. My reply to his e-mail was that I didn't want to go month to month, and I just want to extend it for 12 months and it therefore it ends 10/31/07.
8. He didn't reply to that e-mail

Doesnt matter what you want you don't make the rules

Now, about 8 months later, he is saying we don't have a valid lease agreement and he wants me out by July 1.

He is perfectly legal

Is my Option to Renew letter valid to extend my lease to 10/31/07? Or did we BOTH need to sign a new lease?

No not if Landlord doesnt agree and yes you need to sign new lease. Your option is to move or face evictioon and thus make it even harder to find new rental. Ok some non legal advice but accurate not every poster here is an Attorney and not every Attorney here works in topic field. The best advice you can get is from an Attorney who works in Landlord/Tenants disputes

[CaliforniaMom]

Thanks so much for BOTH of your replies. Are either of you attorney's (so sorry if I should know the answer to that but I'm a newbie here). I suspected that your answers are correct but my BF is totally convinced we have a lease until 10/31/07, so I would love this ammunition to show him he is not right. If you are an attorneys that would help my case.

He thinks the judge will look to "intent", by that he means our intention all along was to have a two year lease, and even if that was just orally mentioned and not written into the lease.

Can you refute his "intent" agrument so he will wake up and smell the bacon burning?

Thanks for your time, it is very much appreciated!

Tell your boyfriend that at least in California (I can't speak for other states, but I assume it's pretty much the same) that there is no such thing as intent when it comes to real estate. What's between the confines of the 4 squares on the paper is what counts. If there was no new lease signed, there is no new lease. You automatically became a month to month tenant at the end of the first lease unless you AND the landlord signed a new one.

I'm not an attorney, but I work in a courthouse. This I see everyday.

[Pagey]

CaliforniaMom: Thanks so much, I really appreciate it!