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  1. #1

    Default No Lease Renewal Offered

    My question involves landlord-tenant law in the State of: CALIFORNIA

    My family has lived in this apartment for 8 years. This is corporate landlord. I understand everyone claims to be a "good tenant" but we absolutely are. NO pets, no noise, no drama, rent paid promptly on the 31st etc. Our rents go up every year but this year I was informed that CAAB 1482 takes effect & we won't see a huge hike. I tried to read / understand CAAB 1482 but I am not the brightest crayon in the drawer and hoped someone could help me.

    My lease is due for renewal on Mar 1 of every year. We usually get the renewal notice by Dec 15. This year, though, NOTHING. This concerns me. I am worried if the landlord - due to any rent control restrictions imposed by CAAB 1482 - could be plotting to not renew the lease and, instead, would ask us to move? I am worried because my elderly mother with cancer lives with us and cannot move too far from her oncologist / hospital. I am ok with the usual $100 - $200 rent increase because moving is not an option for my family at this time. How do I approach the landlord? Pls advice.

    Also, my neighbor who renewed during Thanksgiving told me she received a lease renewal where a month to month renewal cost less than a 12 month lease ! Why would they do this & what should I be aware / wary of?

    Thank you for your time & advice. Much appreciated.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: No Lease Renewal Offered

    Sorry, we don't read minds and my Magic 8-Ball leaked. Have you contacted the landlord and asked them when you can be expecting your renewal? It wouldn't be unusual for a new landlord to do things by a different schedule.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,497

    Default Re: No Lease Renewal Offered

    If the LL was not going to renew your lease he would have to give at least 60 days written notice. If you don't get any termination notice by 1/1/20 you are probably in good shape for renewal. I suspect that the new law and the holidays are delaying things for lots of landlords.

    How do I approach the landlord?
    Uh, how about just calling up and asking when you can expect to sign a new lease?

    my neighbor who renewed during Thanksgiving told me she received a lease renewal where a month to month renewal cost less than a 12 month lease ! Why would they do this & what should I be aware / wary of?
    I wouldn't put much stock in what your neighbor told you without actually reading her lease. Too often people sign stuff without reading and understanding what they signed.

    By the way, here's a link that contains the full text of the new law.

    https://leginfo.legislature.ca.gov/f...01920200AB1482

  4. #4
    Join Date
    Mar 2013
    Posts
    1,244

    Default Re: No Lease Renewal Offered

    Look at your current lease. I'm going to be it says that if not renewed, it automatically rolls over to a month to month at your current rent and with the same terms and conditions as your present lease.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,622

    Default Re: No Lease Renewal Offered

    Quote Quoting WorriedTenant
    View Post
    My lease is due for renewal on Mar 1 of every year. We usually get the renewal notice by Dec 15. This year, though, NOTHING. This concerns me. I am worried if the landlord - due to any rent control restrictions imposed by CAAB 1482 - could be plotting to not renew the lease and, instead, would ask us to move?
    That's unlikely. Under the bill the landlord must renew your lease once you have lived there for at least 12 months on terms similar to the existing lease, and with a rent increase that does not exceed the cap in the bill, unless the landlord has good cause for terminating the lease or one of a very limited set of no fault circumstances apply. Very generally good cause refers to you failing to pay rent on time, breaching a material term of the lease, or you conduct criminal activity on the site, engage in actions that damage the property, improper subletting the property, your refusal to enter into a lease renewal, etc. The no fault circumstances include things like the owner intending to remove the place from the rental market, condemnation of the property by the government, intent to demolish the structure or substantially remodel it, and a legal requirement that requires vacating the structure. Nowhere does it allow the landlord to refuse to renew just because the landlord doesn't like the tenant, wants to escape the rental cap, or whatever.

    If you want to know when the lease renewal will be given to you, just ask the landlord/property management company.

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