Legal Question in Landlord & Tenant Law in California

Rental agreement.

I signed a rental agreement with the owner of the apt. building that I live in 1995.

The owner who still ownes the property has recently turned it over to a real estate co. to manage. The real estate co. is demanding that I sign a new, harsher agreement with them. I am reluctant to sign the new agreement. Would the original agreement still be in effect, there by releaseing me from signing the new agreement?

As this issue is time sensitive a prompt reply would be greatly appreciated.

Thank you.


Asked on 11/23/05, 6:07 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Rental agreement.

It is impossible to answer your question without reading the 1995 lease agreement and knowing the terms contained it. Also, there might be local rent control laws that apply to your situation. I suggest you contact the lawyer referral service of your local county bar association and schedule a consultation with an attorney who specializes in renter's rights.

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Answered on 11/23/05, 6:34 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Rental agreement.

At the end of the initial term of your original rental agreement, it likely converted to a month to month rental agreement. Look at the written agreement. That will tell you what happened. It typically would either automatically renew for successive terms or it would convert to month to month.

Either way, your "new" manager can present you with a new agreement and require that you sign it, in order to remain a tenant, provided that you are at the end of your term of the existing rental agreement. You always have the option of moving.

On the other hand, if you are in a rent control jurisdition, there are so many rules to consider, I cannot even begin to cover them here.

I hope this has helped. If you are unclear about your rights, you should seek out the advice of an experienced landlord/tenant attorney.

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Answered on 11/23/05, 6:35 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Rental agreement.

It all depends on the type of tenancy/lease agreement you have. if it is month to month, the terms may now be modified by the property management company. However, if it is a longterm lease you are currently under, then the terms may not be modified until the end of that lease period.

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Answered on 11/23/05, 6:45 pm


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