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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Unhappy Dispute: Lease or Month to Month Tenancy

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

    Hello,

    My landlord just decided to give me a 30 day notice with following statement:

    "You are hereby given notice that undersigned is terminating your tenancy of the premises located at <address>
    where you are tenant from month to month under lease..."

    But in our lease agreement the terms of the lease are defined as follows:

    "1. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein,
    the dwelling located at __<address>_______ for the period commencing on the _23____ day of _____June ,2003, and thereafter
    until the ____23__________ day of ___June__________, 2004 ___, at which time this Lease Agreement shall automatically renew
    each year unless terminated in writing."

    For me it looks like we still have a lease and not month-to-month tenancy and my lease is up only next June.
    Could someone comment on this ? It is very difficult for me to leave the place after 5 years of no problems lease.

    Thanks in advance !

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Dispute: Lease or Month to Month Tenancy

    It certainly looks to me like you have an actual lease, not a month to month tenancy, based on the automatic renewal clause. Have you asked your landlord about this?

    Have your lease looked at by your local tenant's union, an attorney, or a local housing agency for clarification. You can find more information here.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Dispute: Lease or Month to Month Tenancy

    Thank you for the reply. I just got email from the local lawyer who offers free consultation over the web which confirms your conclusion.
    And I did not bring this to landlords attention yet because I wanted to make sure I understand the situation and the law.
    If you do not mind answering another question: if I decide to move out would it be possible to request some form of compensation from my landlord and have some legal rights to do so? Based on the conversations with my landlord I am sure he is trying to use this situation to his own profit. He is offering to call of the notice in exchange of huge (30%) rent increase. Unfortunately for me the lease agreement allows him to do so and rental control program does not cover his house.

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