Legal Question in Real Estate Law in California
I am currently renting a house in California and the original 12 month Fixed Term expires on February 17th 2011.
My lease says that "in the abscence of any written communication between the parties, the agreement will automatically convert to a periodic tenancy upon the expiration date of the Fixed Term Lease".
The landlord wants to put the house up for sale and gave me a 60 day notice today, January 26th.
Based on his decision to sell I would actually prefer leaving on February 17th, when my lease expires and before it turns into a month to month agreement. Can I do that? Do I still have to give him a 30 day notice? Or can I just give him a written notice anytime between now and February 16th?
2 Answers from Attorneys
The lease language modifies the statutory terms somewhat. If that language weren't in there, the lease would simply expire, and you'd simply move out on the 17th or before, no notice required. Expired leases normally convert into month-to-month rentals only when the tenant doesn't move out.at or before the end of the lease.
Since your lease is moderately nonstandard, I'd say your interpretation is technically correct. Nevertheless, I'd recommend giving the landlord the maximum possible notice, once you have finally made up your mind.
I basically agree with Mr. Whipple. I would treat the 60-day notice as an offer to extend your tenancy beyond the end of the lease. I would give the landlord notice that the offer is rejected and you will be vacating at the end of the lease in accordance with its terms.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
