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  1. #1

    Default How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

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

    This issue involves a house. My understanding is that there is no rent control with regard to residential homes. In my agreement with my tenant I gave her the unilateral right to renew the lease under separate agreement for another 6 months after the 1 year lease ends. How much advance notice must my tenant give me to exercise this extra 6 months? If she waits until there is less than 30 days until the 12-month lease ends to say "I want to stay another 6 months" can I say "Sorry. You waited too long I'm moving back in"?

  2. #2
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    Default Re: How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

    Quote Quoting Man_V_Wild
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    My understanding is that there is no rent control with regard to residential homes.
    You will need to check your local ordinances.
    Quote Quoting Man_V_Wild
    In my agreement with my tenant I gave her the unilateral right to renew the lease under separate agreement for another 6 months after the 1 year lease ends. How much advance notice must my tenant give me to exercise this extra 6 months?
    How much notice did you require in your lease? If you chose not to impose any limit or restriction on renewal, she can renew at any time during a given six month period of tenancy.

  3. #3
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    Default Re: How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

    Quote Quoting Man_V_Wild
    View Post
    My question involves landlord-tenant law in the State of: California

    This issue involves a house. My understanding is that there is no rent control with regard to residential homes. In my agreement with my tenant I gave her the unilateral right to renew the lease under separate agreement for another 6 months after the 1 year lease ends. How much advance notice must my tenant give me to exercise this extra 6 months? If she waits until there is less than 30 days until the 12-month lease ends to say "I want to stay another 6 months" can I say "Sorry. You waited too long I'm moving back in"?
    If there is nothing in the lease that addresses it she can tell you at 5 PM on the last day that she is staying for another 6 months.

    By the same token she can pack up and leave on the last day.

    You might want to look up some sample CA leases and see how the notice of renewal or non-renewal is worded and incorporate it into future lease.

    By the way, what's wrong with talking to the tenant and asking if she plans to renew or not?

    Or, prepare a new lease and drop it off at the beginning of the last month. She'll let you know pretty quick if she's staying or going.

    I suggest you become familiar with the CA landlord tenant statute:

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

  4. #4

    Default Re: How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

    The last day! Ouch! Of course I would charge an arm and a leg for rent if she wanted to exercise it on the last day so that is unlikely. Fortunately the terms of such 6 month renewal are spelled out as under separate agreement so I can raise rent any amount.
    Of course I will be offering rates and speaking to her soon. I'm just planning for the worst.

  5. #5
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    Default Re: How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

    Be aware,
    Quote Quoting Civil Code, Sec. 827(b)
    (b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:

    (A) By delivering a copy to the tenant personally.

    (B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.

    (2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the12 months prior to the effective date of the increase, the notice shall be delivered at least 30 days prior to the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.

    (3) For an increase in rent greater than the amount described in paragraph (2), the minimum notice period required pursuant to that paragraph shall be increased by an additional 30 days, and subject to Section 1013 of the Code of Civil Procedure if served by mail. This paragraph does not apply to an increase in rent caused by a change ina tenant's income or family composition as determined by a recertification required by statute or regulation.

  6. #6

    Default Re: How Much Advance Notice Must Tenant Give to Exercise Option to Extend Lease

    Thanks aaron.

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