Legal Question in Landlord & Tenant Law in California

Lease Expiration/Renewal

My mom's (85 yrs old) lease expired on Nov 30, 2005 and has not been renewed. Has she been technically renting month to month since then, and can she give a 30 day notice without penalty? Do all leases automatically go to month to month once they have expired? Can a landlord just white out the lease term on an existing lease form and put new dates in it, or do they have to print a new lease? When she asked them for a copy of her lease, it was then that they realized she didn't have a current one, and they just changed the dates on the one that had expired. They are now claiming she has 6 months left and will not allow her to terminate without holding her to the 6 months. I believe they have mislead and taken advantage of her. She has been a tenant of theirs for 9 years!


Asked on 5/11/06, 10:24 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Lease Expiration/Renewal

Once the lease expired, it ended and the tenancy became month-to-month. You cannot form a new lease simply by changing the dates, unless your mother initialled (or gave some indication of acknowledgment) that she agreed to enter into a new lease term. ''Whiting-out'' the old dates is poor form, and your mother is not bound by the new term if she did not agree to it. Good luck.

Read more
Answered on 5/12/06, 11:50 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California