Legal Question in Landlord & Tenant Law in California

I have a question about California Civil Code 827.

I have lived in an apartment in San Jose, California for a number of years. I am not covered by rent control because I live in a newer apartment.

I currently have a written month-to-month agreement. If my landlord wanted to change my month-to-month agreement to a year lease, can my landlord do this unilaterally without my consent?

In other words, can my landlord serve me with a notice saying that my tenancy is changed from a month-to-month to a one year lease pursuant to Civil Code Section 827?

Or does my landlord have to obtain my written consent to change my month-to-month agreement to a year lease?


Asked on 6/01/14, 11:35 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You both would have to agree on making it a fixed term lease.

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Answered on 6/01/14, 12:37 pm


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