Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Tenant that refuses to sign new lease, what laws apply with month to month lease? (https://www.askmehelpdesk.com/showthread.php?t=517041)

  • Oct 15, 2010, 01:43 PM
    ucbran
    Tenant that refuses to sign new lease, what laws apply with month to month lease?
    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)
  • Oct 15, 2010, 01:59 PM
    LisaB4657
    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.
  • Oct 15, 2010, 03:18 PM
    ucbran
    Comment on LisaB4657's post
    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
  • Oct 15, 2010, 03:25 PM
    LisaB4657
    My pleasure. Good luck!
  • Oct 18, 2010, 07:15 PM
    prichards
    Comment on LisaB4657's post
    I think it is 60 days now.
  • Oct 18, 2010, 07:41 PM
    LisaB4657
    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.
  • Oct 18, 2010, 08:30 PM
    prichards
    Comment on LisaB4657's post
    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.
  • Nov 11, 2010, 03:20 PM
    ucbran
    Comment on LisaB4657's post
    prichards, you think it was extended to 60 days notice in CA now?
  • Nov 11, 2010, 03:31 PM
    LisaB4657
    If a tenant has lived there more than a year then you have to give 60 days notice to terminate the tenancy.

  • All times are GMT -7. The time now is 01:49 PM.