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-   -   Do renters need to re-sign a month-to-month lease after 12 month lease is up? (https://www.askmehelpdesk.com/showthread.php?t=431050)

  • Jan 3, 2010, 04:43 PM
    SerMG
    Do renters need to re-sign a month-to-month lease after 12 month lease is up?
    We are new landlords in CA. Wondering if the current renters who are about to complete a 12-month lease will need to re-sign a lease to continue on month-to-month basis. Or does the current lease continue on a month-to-month basis?
  • Jan 3, 2010, 04:55 PM
    Fr_Chuck

    Don't know, what does the lease say if the current written lease states it renews automatically for another 12 month, and/or what exactly does it allow.

    If you are NEW, is this a lease you took over of if not who wrote the lease up
  • Jan 3, 2010, 05:26 PM
    LisaB4657
    If the lease does not address the issue then the tenancy becomes month-to-month at the same terms and conditions as the prior lease (except for the term).

    You can read about CA landlord/tenant laws at Landlord/Tenant Book Index - California Department of Consumer Affairs
  • Jan 3, 2010, 05:31 PM
    ScottGem
    As Chuck noted, leases often address this issue directly. Its not uncommon for a lease to have an automatic renewal clause that states if neither party provides notice that they will not renew 30-60 days prior termination then it automatically renews.

    However, if the lease doesn't address the issue, then CA law states that the lease becomes month to month as Lisa pointed out.

    You can require that the tenants sign a new lease or vacate, but you need to give them at least 30 days notice of that.
  • Jan 3, 2010, 05:33 PM
    LisaB4657
    Quote:

    Originally Posted by ScottGem View Post
    You can require that the tenants sign a new lease or vacate, but you need to give them at least 30 days notice of that.

    In CA if they've lived there longer than 1 year then you need to give them 60 days notice.
  • Jan 3, 2010, 05:37 PM
    ScottGem

    I said, "at least". ;)
  • Jan 3, 2010, 06:27 PM
    LisaB4657
    Quote:

    Originally Posted by ScottGem View Post
    I said, "at least". ;)

    Nice job of covering. ;)

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