Legal Question in Real Estate Law in California

Hello there!

I have a lease question. I am the landlord and there was a lease drawn up that ends on July 31 and I would like to give the tenant notice. In the lease it states this "Tenants shall have the right to extend the lease under the same terms for up to one year" However, I have called the Dept of Consumer Affairs and the City of LA and my understanding from talking to everyone that the lease can be broken because there is no rent control in the City of LA and you can give the tenant a 30 day notice because its a single family dwelling & is not under the rent control guidelines. I was also emailed civil codes 1946 and 1946.1. I want to make sure that I am legally doing this correctly and I would like to hire whoever to write up the 30 day notice to the tenant today if possible and we can do this. Please let me know and thank you for your help!


Asked on 7/11/11, 10:34 am

3 Answers from Attorneys

You were either asking the wrong questions, or talking to people who have no idea what they are talking about. A lease with an option to extend is not covered by the code sections you were provided. Those apply to a tenant who remains in possession after a lease expires. Your lease contract gives the tenant the option to extend the lease before it expires. If the tenant exercises that option, the lease does not expire until the end of the extension. Only then would the code apply.

Read more
Answered on 7/11/11, 11:27 am
Anthony Roach Law Office of Anthony A. Roach

In addition to what Mr. McCormick told you, the City of Los Angeles DOES have a rent control ordinance. Additionally, many of the cities that are in the County of Los Angeles, but outside the City of Los Angeles, have rent control ordinances.

Read more
Answered on 7/12/11, 10:18 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with both prior answers. 30-day (and 60-day) notices are for month-to-month, etc. periodic tenancies including holdovers. Leases expire according to their terms, and notices are unnecessary, although tenants and landlords who are on good terms often exchange courtesy reminders and other communications as termination or extension time approaches.

Read more
Answered on 7/14/11, 3:55 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California