Legal Question in Landlord & Tenant Law in California

We have been renting our unit for 2+ years now. After the first year we went on a month to month lease. 30 days ago the owners gave notice we'll be paying for our own water bills. They have never changed the contract. Is this legal to do without a contract change since in the original contract it states that water and garbage are paid?


Asked on 6/04/10, 4:20 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Yes, once you became a month-to-month tenant, the terms of your lease are (as you correctly opined) governed by the original lease. However, any of those terms, as you are now a month-to-month tenant, can be changed on 30 days notice including who pays what utilities, amount of rent, etc.... The downside of being a month-to-month tenant is that you are subject to change of terms on no more than 30 days notice. To terminate your tenancy, they must, however, now give you 60 days notice as you have lived in the property for 1 year or longer.

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Answered on 6/04/10, 7:41 am


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