Legal Question in Landlord & Tenant Law in California

Commercial Lease Automatic Renewal Clause,

I was under the impression that I needed to give my landlord a 30 day notice if I was not going to renew my lease. Upon reading my lease it stated that a 60 day notice was required, and because i failed to do so I have agreed to automatically renew my lease for 1 additional year under the existing terms. Does he have the right to do this? He never gave me any notice or acknowledged that I have renewed already. What would you do?


Asked on 3/03/11, 7:21 pm

1 Answer from Attorneys

There is no way to say if you have a way out without reading the lease. Generally, though, you are stuck. If you need to break the lease, work with the landlord to find a new tenant. The landlord must take reasonable steps to re-rent the premises if you breach the lease, and can only hold you responsible for rent for as long as it takes to find a qualified replacement tenant. Further the qualifications must not be different from yours, and the steps taken to find a new tenant must be commercially reasonable, though you are responsible for the cost of it. In that situation, it is best for all concerned for you to work closely with the landlord to find a new suitable tenant.

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Answered on 3/04/11, 8:35 am


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