Legal Question in Landlord & Tenant Law in California

What is the legal definition for "most recent, valid rental agreement"?

This is used as the determination of which ordinance of the City Municipal Code applies to a tenant with regard to Rent Control. The initial term of the contract was 1 year, which has ended and the tenancy is currently month-to-month. In the interm, I have changed units. No new or updated contract was created. I live in an area covered by rent control which differs according to initial rent amount. Recently, the building was sold and the current owner requested Estoppel Certificates from all tenants. These were attached to the orignial rental agreements and offered as valid and true. Is there a grey area here? Is City Muni Code rigid? THanks!


Asked on 9/02/10, 8:19 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Nobody can speak to the City's Municipal Code, as you did not indicate which city you live in. However, I believe that the only rental agreement you have is the original. When the term of your lease expired, and you became a month-to-month tenant, as there was no new rental agreement signed, you are still a tenant under the terms of the old lease, but now on a month-to-month basis. The estoppel certificates did not create a new agreement. I would suggest discussing it with the City Housing Department (or whomever administers their rent control) as they will be the initial determiner of whether or not you have a lease, and if so, which lease controls.

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Answered on 9/08/10, 9:48 am


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