Legal Question in Real Estate Law in California

Re: Automatic renewal clause

Basically a month to month lease, or periodic tenancy, ends at the each term of a lease. If the tenant holds over until the next lease period, the lease automatically renews pursuant to the terms of the previous lease, unless notice of vacating is given, even without the auto-renewal clause!!

In your case it appears that you did not give written notice of termination of the lease as required by the lease, and the landlord therefore lost rents for the months in which they had no notice of vacancy. Under these facts its not the landlords problem that you failed to communicate with your employee with regards to their vacating the property, and you would be held liable. Even if you claimed that the contract was not valid because the type or print was not big enough, the Court would strike the language, and it would still consider this to be a hold-over by you the tenant for the months in question, and you would still be liable.

Now the key issue may be a defense if the landlord was supposed to give you keys and not your employee, however I assume the landlord did give your employee keys and the employee failed to turn them over to you when they vacated which they should have done. I would recommend trying to settle with the landlord for an amount less than what you owe, because you will probably lose this case in Court. If you are sued, you can implead the employee into the case claiming that they are liable because they failed to give you notice of vacating, etc.. You may be able to make the employee liable for the rents!!