Legal Question in Real Estate Law in California
What is the CA statute(s) that cover commercial leases? CCC 1950.7, for example, talks about deposits. I am looking for the section that talks about landlord rights in the event the lease expires and the tenant stays in the property for a limited time. I want to read what the statute says, and specifically what amount the landlord is allowed to charge during that period and under what conditions.
1 Answer from Attorneys
The statute you reference applies to residential properties. There are far fewer restrictions regarding commercial rentals, but many of the same basic rules apply. In commercial rentals, the landlord has most of the power and there are almost no protections in place for the tenants.
Generally, once a lease expires, if the tenant stays on, he is now considered a month to month tenant. The rent will be whatever it was when the lease was in effect. It can be changed to whatever the parties agree on, and the landlord can give notice of an increase, usually a minimum of 30 days would be required.
So, until you give notice of an increase, the rent is what it was under the lease.
Often, commercial leases have a provision for these circumstances. Check your lease or contact a landlord tenant attorney for a consultation.
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