Legal Question in Business Law in California

Is my expired rental agreement still valid?
In Sept.1994 I contracted to rent a self storage unit. In Jan.2000, I was informed by the management the rent on my unit was going up and I needed to sign the new contract. After review of the new contract I decided against signing for only a couple reasons. 1)There were no provisions for rent increases, & 2) I anticipated moving from the facility within that year. In Jan.2002, the current management informed me of an impending rent increase. When I pointed out to them that nowhere in my contract was there any mention of rent increases, the management researched the contract in depth and subsequently realized the contract I signed was a 6 month lease with no instructions/provisions for renewal. Is this contract still applicable? And does the owner have the right to remove my lock, replace it with his, and deny me access unless I sign the new contract? Yes my rent has been paid. And there are no pending leins,

Asked on 5/09/02, 10:19 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Is my expired rental agreement still valid?

If it was a lease for a certain time frame, it becomes a month-to-month after that.

If they give you a 30 day notice of a rent increase, once the original lease term is over, you can either pay the higher rate, or move your stuff.

If you don't they have the right to sell your belongings at an auction, retain any unpaid (or short paid) rent, and return the balance to you.

My recommendation ... pay the increase or move your belongings.

(This, of course, without actually reading the rental agreement)

Answered on 5/09/02, 10:34 pm

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