Legal Question in Landlord & Tenant Law in California

Can my landlord increase the lease period, when extending my lease for the secon

I have a lease for 6 months, and got a notice in the 5th month stating that my lease will expire and i can renew the same for the same rate or do a month-by-month by at an added charge of $100. When i went and tried to make it month-by-month with the same rate, the landlord said that it is not possible. Afterwards as i had no option but to agree for the lease the landlord said that the lease period is for 8 months and not for 6 months.

I have two questions here:

1) Is it legal for the landlord to increase the month-by-month rent after my lease expires?

2) Since my first lease period was for 6 months, when i extend my lease should it not be for 6 months. Is it legally correct for my landlord to increase the lease period.

thanks in advance


Asked on 6/09/03, 7:33 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can my landlord increase the lease period, when extending my lease for the s

Yes, the landlord can require a higher rent on a month to month. He is guaranteed a tenant for a specific period of time, and you are guaranteed a lower rate. However, if your original lease stated that it would convert to a month to month at the same reate, he would be required to give you a 30 day notice to raise the rent.

Regarding the term, yes, can tell you that he is willing to lease the proerty for a certain amount of time. A lease can be for any period of time; three months, a year, 3 years, 10 years.

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Answered on 6/09/03, 7:50 pm


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