Legal Question in Landlord & Tenant Law in California
My lease expires Feb. 3rd, 2011 and I have already been told my lease will go up but I still have gotten no renewal lease of what my rent will be raised to, what is the law when the landlord have to let the tenant know by... Thank-You so much for the help
1 Answer from Attorneys
Either party (tenant or landlord) can offer to renew a lease which is in actually an offer for a new lease. That can be done at any time or not at all. Therefore the landlord is not required to inform you of what amount of rent he would want for a new lease. Common courtesy and good business practice (both are not legal requirements) would be to give you an idea prior to the expiration of the current lease and the sooner the better so that you could decide whether or not you wish to continue to rent the property.
Check you current lease. It may have language regarding renewal of the lease. Such language may deal with automatic renewal and whether any type of notice is required if either party is not intending to renew. Keep in mind that, absent any language dealing with the end of the lease, the basic law is that a fixed term terminates at the end of the term with no notice. In other words a landlord does not have to give you any notice that he is not renewing the lease and can simply expect you to vacate at the end of the lease. Of course most landlords give you a heads up prior to the lease ending however that is just good business practice and courteous which as stated above are not legal requirements.