Legal Question in Real Estate Law in California

Non-renewal of lease due to running a Small Daycare Home

I run a small daycare in my home which is leased. The Landlord is not pleased and was not willing to renew my lease in Oct 2002. I have been requesting a lease renewal since Aug, 2002, but non was sent; but the landlord did accept rent past Oct and requested a rent increase and additional deposit of $800. I said I would pay the deposit as soon as they sent me a lease. December 12th 2002 I was sent a 30 day notice. Although I suspected this non-renwal was based on the Daycare, it was confirmed today when the Landlord showed up on my doorstep today and admitted it.

What are my rights?


Asked on 1/05/03, 4:11 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Non-renewal of lease due to running a Small Daycare Home

I think a lawful eviction process is running against you, and it is time to plan to pack up and move.

Since unlawful detainer and eviction are technical legal processes that can be ineffective if handled improperly, it might be worth your while to have a local attorney who specializes in tenants' rights matters examine the entire situation to see if the landlord has slipped up somewhere. On the other hand, if there has been a legal mistake in the process, it can be corrected.

You seem to think you have an automatic right to renewal of an expired lease. Normally, that's not the case. (Exception: where there is a local rent-control ordinance). When the lease expires, absent a renewal, you become a hold-over tenant, one cut above a treaspasser. Acceptance of rent creates a month-to-month renewal only.

If I am missing something here, please e-mail me and I will work with you further, but it sure looks to me as though you are about to be evicted.

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Answered on 1/06/03, 1:52 pm


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