Legal Question in Landlord & Tenant Law in California

First of all, I just want to thank the people that have taken the time to answer my questions and I'm going to try and give back to this site as well. I'm an attorney (finance stuff) but I do not specialize in Landlord/Tenant law so this help is wonderful.

I've asked a few questions regarding Civil Code 827 and whether it applies to my situation. I fully understand that it does not apply to a 12 month lease but my lease states that it is for 12 months and then "automatically" renews on a "month to month" basis. If the landlord does not want me to live in the building they cannot just let the 12 month lease expire. In fact, the lease demands they must give at least 30 days notice if they want to terminate. I know they need to give notice but the question is if it's 30 or 60 days. Reading the lease on its face instucts that I pay $1650 on a month to month basis and that either of us can terminate that portion of the contract with 30 days notice. They have increase that amount by a few hundred dollars so I thought the code would apply.

If I'm still not understanding something I'm sorry for being a pain but I really want to understand.


Asked on 3/19/11, 5:54 pm

1 Answer from Attorneys

Since you are an attorney, I can use legal "shorthand" with you. You are creating a distinction without a difference. Wether it "automatically" converts or not, you still are not under a month to month lease at this time. Section 827 only covers rent increases that are "under" month to month leases. Whether they are requiring you to agree to a new rent as a condition of entering into a new month to month lease, or are requiring you to agree to a new rent as a condition of not issuing the notice that they will be terminating the lease rather than allowing it to convert, is irrelevant. It is not a rent increase under an existing month to month tenancy. Payment of rent monthly is not the same as a month to month tenancy. You are under a year lease. It is a rent increase as a condition of entering into a month to month tenancy with you rather than exercise their option to terminate the lease before it ever becomes a month to month tenancy. Therefore they only have to give you the notice required by the terms of your agreement.

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Answered on 3/19/11, 6:10 pm


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