Legal Question in Real Estate Law in California
Hello there~ We have a lease for one year with our tenant that is ending on July 31, 2011 and in this lease agreement it states the tenant shall have the right to extend the lease under the same terms for up to one year. We no longer want to do that as we want to move back into the house. The house resides on Sunset Plaza Drive and is in the City of LA and after doing research it seems because there is no rent control and the house is a single family dwelling we can legally give notice to the tenant to move. He the tenant wants to stay... What is our rights? Can we give him notice to vacate?
2 Answers from Attorneys
If the lease agreement gives the tenant the right to extend, then you are stuck, if the tenant exercises that right.
Check, though, on whether the lease agreement indicates a deadline for the tenant to exercise the right. Often, an option to extend will indicate that the option must be exercised with 30 or 60 days of the end of the lease term.
You'd be pissed at the tenant if he breached the lease by ignoring its terms, but you seem to think it would be okay for you to do so. If he gives the required notice of renewal, it remains his place.
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