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Commercial Lease expired 1 year ago
My California commercial 3 year lease expired one year ago. I have continued paying rent as per the schedule on the old lease. My landlord finally got around to putting together a new lease for my signature. However I'm not liking some of the changes in the new lease and my landlord says sign it or he will consider me a holdover and charge me back rent for the holdover. At this point I'm ready to move. Can he charge back holdover rent? How do I terminate since there is no lease? Do I give 30 days notice. Is my security deposit forfeited? I'm not wanting to mess with him but I feel like I'm being coerced into a new lease.
Help! Mike |
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I don't see how a judge would grant your landlord holdover rent since your landlord accepted your rent payments without objection and he never made any demand that you leave the property.
You became a month-to-month tenant when your old lease expired and you should be able to terminate upon giving 30 days written notice. However, you have to carefully read the former lease. If the lease states anything about giving more than 30 days notice that you do not intend to renew, or if the lease mentions anything about being liable for holdover rent, then those items will control. I suggest that you have an attorney review your lease before you take any action. |
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When a lease expires without renewal, but the tenancy continues, then the terms of the lease continue, except for the expiration and rent. Since the landlord did not inform you of an increase in the rent and, in fact, continued to accept payments at the rate listed in the lease, they can't go back now and say you owed an increase. No judge would grant it.
Since all the other terms of the lease continue, they will govern how much notice you have to give. So you need to read it. Your security is to be used to repair any damages to the property. So when you hand over the keys, make sure you do a walkthru and have the landlord sign off on it. He will then have to return your deposit within the time proscribed by law. He cannot withhold for back rent if you have paid it. |
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