[heytc]

My commercial lease expired in 2006 and I've been month to month ever since. No new agreement was made just a continuation of the previous lease. In Calif. Is there a term to the length that the prior lease holds power and a new lease or rental agreement need to be presented or do the terms of the previous lease go on forever?

Thanks for any help

[ScottGem]

Forever except for term and rental amount.

[excon]

My commercial lease expired in 2006 In Calif.

Hello h:

Residential landlord tenant law does NOT apply to commercial property. Your lease is covered under contract law.. Therefore, if your lease agreement does NOT cover the period AFTER the lease expired, then you have NO agreement in effect.

Personally, I'd get that fixed.

excon

[ScottGem]

I'm not so sure that there is no lease here. Essentially what happens is when the contract expires it is ended. But because you continued to pay rent and the landlord continued to accept it, in effect, you have a tacit agreement to continue the contract. Therefore, each month that you make a rental payment, when the landlord accepts it, together you create a new, verbal, contract. Absent a written agreement, I believe a court would hold that the terms of the original contract remain in effect.

What is prompting the question.

[excon]

What is prompting the question.

Hello Scott:

I agree, of course.. But, if the disagreement here is over anything OTHER than the rent, then I don't think the old agreement DOES apply. For example, if some leasehold item is broken, who is supposed to fix it?

excon

[ScottGem]

That's why I want to know what's prompting the question. In my opinion a court would agree that the terms of the original contract continue to apply. But it could go the other way.