Legal Question in Landlord & Tenant Law in California

Renewal Lease never signed: now month-to-month??

Hello: We had tenants on a year-long lease (8/2007-7/2008) and after agreeing to re-lease for another year, sent them a new, completed, but UNSIGNED, lease agreement on 7/28/2008 (for the 8/2008-7/2009 year). They have not returned this lease and in fact admitted to 'holding' it while we repaired some roof leaks over the fall & winter. Now we are planning to return to that city and need to move back into the house.

1) Since we (as LLs) never signed this new lease agreement, and they never returned it, have we defaulted to a month-to-month (as they have paid and we've accepted the rent monthly)?

2) Is this a 30-day or 60-day notice situation?

We are preparing to serve notice as soon as we can, but don't want to get sued for a short-notice or for breaking the (unsigned) lease.

Thanks for your help --- it turns out that our legal insurance will not cover ''business ventures'' that produce revenues (altho' we've taken a loss on this property every rental year!)


Asked on 3/04/09, 11:14 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Renewal Lease never signed: now month-to-month??

Civil Code section 1941.6 has been amended so that you must now give a tenant who has lived at the premises for more than one year a 60 day notice. Since neither of you signed the new lease the tenancy defaults to a month-to-month tenancy. But we sure the city where the property is located does not have rent control, as you will then have to follow much stricter rules, especailly if there is eviction protection.

Read more
Answered on 3/05/09, 10:08 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California