Legal Question in Landlord & Tenant Law in California
My commercial lease expired 4months ago,I've continued on a month to month basis. Can they terminate my lease at any time for no reason?They have asked me to vacate in less than a week.Do I have any right to stay?Thank you for your time.
2 Answers from Attorneys
Why would they want you to leave unless they want to rent for more, or have someone else sign a lease, or there is a problem between you?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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Civil code section 1945 provides that if a tenant holds over after the expiration of a lease, and there is no agreement to the contrary, the tenancy is presumed to have renewed for the same time and on the same terms, but if rent is paid monthly, then the tenancy converts to month-to-month, and in no case does the term renew for more than one year. So if you have been paying rent monthly, they must give you 30-days notice. This appiles to commercial and residential leases that do not have any agreed terms that are different.