Legal Question in Landlord & Tenant Law in California
Owner requiring monthly renter to sign lease
I have lived in the same apartment for 17 years on a month to month contract. A few years back the place was sold to new owners who continued with a monthly contract. They decided to send a notice that they were selling as individual units and we would be asked to buy or move this summer but decided against it 6 months later after several tenants had moved. They are now requiring us to sign a 12 month lease or move, however we may have to move in less time depending on health of a family member. Is it legal to require a current tenant to sign a lease or would that only apply to new tenants?
2 Answers from Attorneys
Re: Owner requiring monthly renter to sign lease
Assuming that your city is not under some type of rent/eviction controls, the landlord and tenant can agree to any terms they want , as long as not against public policy. So, yes, the landlord can say that when your rental period is up [30 days] the terms for the new rental is a longer term lease. But as a practical matter, tenants break leases all the time and landlord often can just collect rent for no more than 30 days [they must try to reduce their damages by trying to rent your unit out]. If you give the landlord 30 days notice, you might not have to pay anything beyond your normal rent.
Why does the landlord want you out. A tenant who has paid rent on time for 17 years is the ideal for most landlords? Find out what is going on and whether you can negotiate an arrangement that mets both of your basis wants.
Re: Owner requiring monthly renter to sign lease
Some areas of California have rent control...suggest you check with local authorities to see if tht applies to you. Landlord can change to a longer lease here, with 30 day notice. You can also vacate. with a 30 day notice to landlord, so the law treats you both the same. With your 17 year history making you an ideal tenant, you may be able to negotiate a provision in the lease regarding early termination regarding the heath situation.
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