[vmastey]

I have been leasing a condo in Beverly Hills for the past 7 years. My lease ended 5 years ago and he went to month to month with no request from either part for a lease renewal. 3 months ago we proposed a new lease to the landlord. She said she would sign it but "she never got to it"...
We just received a 60 days notice to move. I have a handicapped child on a wheelchair and moving right now especially at this time is an ordeal! The fact that we paid rent for the last 5 years "month to month" doesn't it constitute a Lease ?
What can we do?

[smoothy]

WIthout a signiture on a written lease document speficiying a period... you are on a month to month lease and nothing more. And the same laws apply for notice to vacate from either party.

It might be an ordeal... but you don't own the property.. Time to start looking for another place before you end up evicted.

[ScottGem]

I'm not sure what you think your month to month tenancy being considered a lease would do for you. When a lease expires and both parties agree to go month to month (whether by tacit agreement or inaction), the lease is deemed to continue and the terms of the lease remain in force except for two parts, the term and the rental amount. The term is deemed to be month to month and the rental is whatever the parties agree to.

So you do have a lease, but that lease can be terminated by EITHER party with 60 days notice. That's what happened to you. You can inquire why the landlord changed her mind and maybe get her to change it back. But, if she wants you out, you will have 60 days to move or she can file for an eviction order.