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  1. #1
    Join Date
    Sep 2014
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    Default Lease Term is Over and Landlord is Not Renewing

    My question involves landlord-tenant law in the State of: california. Our lease is up at the end of September and we were under the impression the lease would roll over to month to month since it was that way during the first lease we signed with this landlord. On 9/9 the landlord gave me a letter stating we had to return the keys on 9/30 since our lease was up. We have been at this house for over 2 years with my husband and 2 kids. Is 20 days enough notice when we were under the impression the lease was going to be extended?

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Lease is Up and Landlord Not Renewing

    we were under the impression the lease would roll over to month to month since it was that way during the first lease we signed with this landlord."

    What does your current lease say regarding this matter?

    Gail

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Lease is Up and Landlord Not Renewing

    Quote Quoting clark2885
    View Post
    My question involves landlord-tenant law in the State of: california. Our lease is up at the end of September and we were under the impression the lease would roll over to month to month since it was that way during the first lease we signed with this landlord. On 9/9 the landlord gave me a letter stating we had to return the keys on 9/30 since our lease was up. We have been at this house for over 2 years with my husband and 2 kids. Is 20 days enough notice when we were under the impression the lease was going to be extended?
    The CA landlord tenant statute starting at Section 1946 addresses the requirements for notice of termination when "a term is not specified by the parties."

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Section 1946 also states:

    "It shall be competent for the parties to provide by
    an agreement at the time the tenancy is created that a notice of the
    intention to terminate the same may be given at any time not less
    than seven days before the expiration of the term thereof."

    That tells me that if your lease expires on September 30, then it expires on September 30 and it does not automatically renew (unless automatic renewal is specified in the lease) and you have to be out by September.

    If there is no termination notice written in your lease, then the minimum notice of non-renewal appears to be 7 days and he has certainly given you more than 7 days notice of his intention not to renew.

    Now, read your lease.

    By the way, "we were under the impression" is the most dangerous phrase in the English language.

  4. #4
    Join Date
    Sep 2014
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    2

    Default Re: Lease is Up and Landlord Not Renewing

    Quote Quoting adjusterjack
    View Post
    The CA landlord tenant statute starting at Section 1946 addresses the requirements for notice of termination when "a term is not specified by the parties."

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Section 1946 also states:

    "It shall be competent for the parties to provide by
    an agreement at the time the tenancy is created that a notice of the
    intention to terminate the same may be given at any time not less
    than seven days before the expiration of the term thereof."

    That tells me that if your lease expires on September 30, then it expires on September 30 and it does not automatically renew (unless automatic renewal is specified in the lease) and you have to be out by September.

    If there is no termination notice written in your lease, then the minimum notice of non-renewal appears to be 7 days and he has certainly given you more than 7 days notice of his intention not to renew.

    Now, read your lease.

    By the way, "we were under the impression" is the most dangerous phrase in the English language.


    Our landlord had recently informed us the we would soon be month to month or need to sign a new lease, but nothing was in writing. I guess assuming it would just roll over to month to month was my mistake. This all changed when I spoke with the landdlord on 9/6 regarding repairs and she continued to tell me I was a child and laughed when I asked for a fan to be fixed that is having electrical problems. She stated she wouldnt fix this because it was something small. I did tell her about other electrical problems and informed her it could be a fire hazard. Many phone calls later and her showing up at the house changed her demeanor towards me. I had asked her to please treat we like a tenant of over 2 years rather than a child. I asked her if I was older would you treat me like an adult and she stated of course I would treat someone older than you with respect because they wouldn't act like a 29 year old child. Now she gives me a notice to be out in 20 days? I just feel it isn't right.

  5. #5
    Join Date
    Feb 2014
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    Default Re: Lease is Up and Landlord Not Renewing

    "Right" has nothing to do with legal.

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