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Our lease expires within a month and we recently agreed to renew our lease with our landlord. However, the new lease has new conditions that we were not notified about and did not agree to. If we don't want to sign the new lease with these new conditions, does that mean that we have to give notice that we are moving out? We don't want to move out and would prefer our lease converts to a month-to-month tenancy.
"Said tenancy shall automatically convert to a month-to-month tenancy upon the expiration date of the fixed term in paragraph 1 above. Either party may terminate the fixed term lease on or after the expiration date by giving the other thirty (30) days written notice, if the tenant has resided for one year or less. If the tenant has resided in the unit for more than one year, a 60-day notice must be given by the landlord."
We have lived in the unit for over a year. So does this mean that if we don't agree to the new lease, that we are essentially giving our (30) days notice? Or, does the landlord still have to give us notice?
That's at his discretion. There's 3 possibilities on how he's going to react.
1. He negotiates terms that are agreeable with you and you renew the lease.
2. He tells you to leave.(30 day notice)
3. He keeps the old lease and doesn't renew the lease with you either and drops the issue and now you're month to month.(And now he has time to contemplate whether or not he wants to keep you on as tenants).
OP, if you don't agree to the new lease terms then yes, you remain on MTM and give 30 days notice to vacate before the end of the month to vacate the end of the following month. Unless you can negotiate the terms with the LL and come to an agreement to renew a new annual lease.
The LL would have to give you 60 days notice to vacate if he wants to terminate your MTM lease that you are now on.
Last edited by Corn-fused; 09-26-2015 at 07:10 PM..
To go along with the rest to change the terms of your tenancy after your lease expires your landlord has to give 30 days notice and that lease renewal may actually count as the notice, see a lawyer if there is something in there that you are breaking. If you don't like it then you need to give your 30 day notice and vacate otherwise you need to abide by the new lease signed or not as the terms could apply but the duration of the lease would not, again see a lawyer. When I send lease renewals I send a letter that states the terms in the new lease are to take effect on a specific date with or without the new lease being signed. I did have a tenant once refuse to sign then try to stay at the old rent amount and they lost that fight in court, this was before I sent the letter with the lease. The judge ruled the lease renewal was adequate notice of a change in terms.
To go along with the rest to change the terms of your tenancy after your lease expires your landlord has to give 30 days notice and that lease renewal may actually count as the notice, see a lawyer if there is something in there that you are breaking. If you don't like it then you need to give your 30 day notice and vacate otherwise you need to abide by the new lease signed or not as the terms could apply but the duration of the lease would not, again see a lawyer. When I send lease renewals I send a letter that states the terms in the new lease are to take effect on a specific date with or without the new lease being signed. I did have a tenant once refuse to sign then try to stay at the old rent amount and they lost that fight in court, this was before I sent the letter with the lease. The judge ruled the lease renewal was adequate notice of a change in terms.
There's nothing in our lease mentioning that the lease renewal counts as a notice and they did not send a letter specifying that these terms are to take effect on a specific date. We are being asked to agree to a new condition in the lease that we are not comfortable signing:
"Upon termination of occupancy; tenant will be responsible for charges incurred to have a CA licensed exterminator inspect the home and garage for fleas, bedbugs, cockroaches and ants. Any and all fumigation necessary to eradicate pests found, will be charged to tenant."
We do not feel that we should have to pay for the cost of an exterminator inspection without cause. We have not had any infestations in the 3 years that we have lived in the unit.
There's nothing in our lease mentioning that the lease renewal counts as a notice and they did not send a letter specifying that these terms are to take effect on a specific date. We are being asked to agree to a new condition in the lease that we are not comfortable signing:
"Upon termination of occupancy; tenant will be responsible for charges incurred to have a CA licensed exterminator inspect the home and garage for fleas, bedbugs, cockroaches and ants. Any and all fumigation necessary to eradicate pests found, will be charged to tenant."
We do not feel that we should have to pay for the cost of an exterminator inspection without cause. We have not had any infestations in the 3 years that we have lived in the unit.
I already answered your question above (in length quoting the CA state statutes regarding 'fees'.) Speak with a tenant's union or attorney if you are still confused but the law is the law.
Otherwise, when you get a lease renewal that IS official notice if there are any changes to the new lease term. The question is, whether the new terms are enforceable or not and that is answered in my post above.
Has the landlord increased the rent in your 3 years of tenancy?
Rent increase has absolutely nothing to do with the OP's question.
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