Legal Question in Real Estate Law in California
break a lease
Hi, I've an one year fixed term lease ended on 10/03. The
landlord had me signed an lease renewal agreement at that time for another year. The first phrase stats that the lease will continue
for another year. But the second phrase stats that the
landlord agree to rent this dwelling unit on a month-to-month basis with rent $$$ and should be paid in the first
day of each month.
I would like to move to somewhere else now. Can I consider
this renewal is a month-to-month rental agreement ? Thanks.
-Don
2 Answers from Attorneys
Re: break a lease
The purpose of construing a contract is to determine the intent of the parties at the time the contract was made.
When interpreting a contract, courts always start with the language of the agreement. Your summary is probably not enough to give an accurate idea of the contract's terms. Any lawyer advising you will want to review the full agreement.
Re: break a lease
The two "phrases" are completely contradictory as described in your question.
One possibility is that the lease renewal agreement was written by a complete idiot.
Another is that there is additional language in the phrases or clauses that you mention that would give realistic meaning to each clause. For example, it is not uncommon for a one-year lease to have a "holdover" provision stating that if the tenant doesn't vacate at the end of the lease term, the tenancy becomes a month-to-month at $$$ (some other rental rate).
My hunch is that you are in a valid one-year lease, but I very possibly could be wrong. Any lawyer would need to see the full language of these two provisions, and perhaps other parts of the renewal agreement.
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