Legal Question in Landlord & Tenant Law in California
If my landlord has been cashing my rent checks for the last 5 years, isn't that an implicit agreement that he accepts me as a tenant? The lease has expired many years ago and he is trying to sell the house. He claims that I am no longer a tenant.
2 Answers from Attorneys
You perfectly fit the definition of a tenant with a month to month lease. For him to end the renewal of the lease, he must glive you 60 days notice that he does not wnat to renew. Ask him if you are not a tenant then what are you and why has he walited 5 years to tell you this?
Once a lease ends, the lessee (you in this case) becomes a month-to-month tenant; the remaining terms of the lease, including the obligation to pay rent at the rate in effect just prior to the end of the lease, continue in effect (except that the lease term is not extended). Mr. Shers is correct, if the landlord wants to terminate your tenancy, he must give you a 60-day notice to quit.
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