Legal Question in Landlord & Tenant Law in California
is it true If you are on a month-to-month lease, the landlord can modify the terms of the lease after giving 30-days notice. And if you are not renting on a month-to-month basis, the landlord cannot unilaterally change the terms of the lease?
1 Answer from Attorneys
Sort of. If you have been in the premises more than a year, the landlord must give 60-days notice of a change, including rent increases. If you are renting on a lease for a specified number of months, a year, etc., the landlord can only change the terms at renewal time, but also bear in mind that if a lease for a specified time runs out without a new lease being signed but the tenant continues to occupy the premises and pays rent, then the law automatically turns that into a month to month rental governed by the terms of the lease. So at that point the landlord has the same rights and restrictions on changing terms as if it had been month to month all along.
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