Ask Experts Questions for FREE Help !
Ask
    ucbran's Avatar
    ucbran Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Oct 15, 2010, 01:43 PM
    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)
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #2

    Oct 15, 2010, 01:59 PM
    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.
    ucbran's Avatar
    ucbran Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Oct 15, 2010, 03:18 PM
    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
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #4

    Oct 15, 2010, 03:25 PM
    My pleasure. Good luck!
    prichards's Avatar
    prichards Posts: 4, Reputation: 1
    New Member
    		  
    #5

    Oct 18, 2010, 07:15 PM
    Comment on LisaB4657's post
    I think it is 60 days now.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #6

    Oct 18, 2010, 07:41 PM
    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.
    prichards's Avatar
    prichards Posts: 4, Reputation: 1
    New Member
    		  
    #7

    Oct 18, 2010, 08:30 PM
    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.
    ucbran's Avatar
    ucbran Posts: 4, Reputation: 1
    New Member
    		  
    #8

    Nov 11, 2010, 03:20 PM
    Comment on LisaB4657's post
    prichards, you think it was extended to 60 days notice in CA now?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #9

    Nov 11, 2010, 03:31 PM
    If a tenant has lived there more than a year then you have to give 60 days notice to terminate the tenancy.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can I ask a tenant to sign a new month to month lease [ 2 Answers ]

I am a new landlord and my tenant originally signed a month to month lease. However, I have drawn up a new lease with different conditions about living in my rental suite. It will still be a month to month agreement. Can I ask the tenant to sign this or do I have to stick with the old lease that...

Do renters need to re-sign a month-to-month lease after 12 month lease is up? [ 6 Answers ]

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?

Landlord Requiring 2 month Vacating Notice on 3 month (month to month) lease [ 21 Answers ]

I am in a situation and am in need of some advice. I am currently renting an apartment in Minneapolis. I am doing an internship which only requires me to live here for 3 Months. I signed a lease with a complex on a month to month basis. I planned to Move out at the end of April, so on march 1 I...

My tenant has a month-to-month lease and has not paid rent-- NYC [ 2 Answers ]

Hi, I have a subletter in my apartment and she only has an oral agreement to stay here and she has been here for more than 30 days. First, she said she'd move at the end of last month, but on the last day she told us she was staying. When my husband asked her for the rent, she started screaming...

Getting a month to month tenant to sign 1 year lease [ 2 Answers ]

My New Jersey tenant signed a 1 year lease that ended last year and stayed in the apartment on a month to month lease. I am now thinking of putting the bldg up for sale. Is it important to have all tenants with signed leases when I put it up for sale? They seem to be dragging their feet on signing...

View more questions Search