Legal Question in Real Estate Law in California
month to month lease term
when a 20 year lease ends and both parties verbally agree to continut month to month; is a written Lease Amendment required.
2 Answers from Attorneys
Re: month to month lease term
No, unless there is something in the lease that might be contrary or effect this.
Re: month to month lease term
Required? No.
Recommended - Yes!
There are even statutes providing what the relationship of the parties (landlord and tenant) will be deemed to be upon the expiration of a lease when the tenant remains in possession and the landlord continues to accept rent. In most cases, the above-described scenario results by operation of law in a new month-to-month tenancy under the other terms of the now-expired lease.
Note, however, that most long-term leases contain their own provisions regarding "holdover" by the now former tenant, and to the extent such provision conflict with the statute, they prevail. Typically, holdover tenants are expected to pay pretty stiff rent. This is designed to make holdovers unattractive and to induce former tenants to do a formal renewal at market pricing, or to move on.
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