I am in CA and I have a tenant that has a 18 month lease that expires 10/31/10 and they want to go month to month starting 11/1/10 and I agreed. I sent them a new lease to sign, but they have not sent it back to me yet. If they refuse to sign the new lease in CA law do the terms of the old lease still apply if I allow them to continue to live there if I don't evict? (for example they were allowed to split their rent payments into two payments with previous lease and agreement of month to month lease was payment of rent all at once on the 1st of the month rather than 1/2 on the 1st and 1/2 on the 15th--still same rental rate, I didn't increase the rent)

If a new lease is not signed then yes, the terms of the old lease still apply when the lease ends and the tenant remains on a month-to-month basis. However you can send them a written notice that they will be required to pay rent in one payment on the 1st of the month. You have to give them at least 30 days notice of this change.

Once a tenancy becomes month-to-month you can require any reasonable changes in the terms as long as you give them at least 30 days written notice of the changes.

I appreciate that answer, I sent them an invoice for their Nov rent as a 'reminder' it will be due on the 1st-If I don't get the signed month-month lease back Mon. I will send a 30 day notice like you suggested! Eased my concerns, thanks

My pleasure. Good luck!

I think it is 60 days now.

I just checked. Yes, it's 60 days notice to terminate the tenancy if they've lived there for more than 1 year. But there's nothing about a 60 day notice to increase the rent.

Yes, but, with the lease expiring, the owner has the right to give a 60 notice to terminate tenancy. This is probably a goodm idea if you have a tenant paying half and half. If this is a decent property, owner would be better off.

prichards, you think it was extended to 60 days notice in CA now?

If a tenant has lived there more than a year then you have to give 60 days notice to terminate the tenancy.