Remove Fileds to the Lease Renewal and eSign it in minutes

Aug 6th, 2022
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How to Remove Fileds to the Lease Renewal

5 out of 5
64 votes

Victoria just sent me a question apparently she doesnt want to renew her tenants lease uh but shes afraid if she gives the tenant notice that the tenant is going to stop paying rent so uh shes asking if she should give the tenant a month or two notice uh or uh if I think she should just not give the tenant any notice um I mean thats a really tough question because you really cant give the tenant no notice that just would be really horribly unfair can you mention somebody telling you at the last moment that hey by the way tomorrow you uh have no place to live um and I mean that would just be a really horrible thing to do I mean I understand a tenant not paying your rent would be a really horrible thing to do too uh but you know two wrongs dont make a right and um not getting rent would be devastating and really damaging but not having a place to live tomorrow would even be more so and then legally youre on a really bad footing so your lease should detail how much notice each par

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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California law allows landlord to change the terms of a month to month tenancy with proper notice. However, changing is not always as simple as just sending a notice.
A surrender and regrant occurs where variations to a lease are so inconsistent with the continuation of the existing relationship that the law deems the existing lease to have been surrendered and a completely new lease brought into being.
If your lease expires, the landlord has to provide you with a 30-day, 60-day, or 90-day notice to leave, depending on how long youve been renting and if youre in subsidized housing. If youve been renting for less than a year, the landlord only needs to give you 30 days notice.
Though landlords must scrupulously respect tenants rights, one thing they dont have to do is automatically renew tenants leases. In fact, except for discriminatory or retaliatory reasons, landlords of rental properties can refuse to renew tenant leases as it suits them.
If your tenant stays past the lease term, do not accept their rent payments. Landlords that accept payments after an expired lease incur a variety of restrictions and enter a month-to-month tenancy, meaning they cannot legally treat their tenant as a trespasser and evict them.
When a tenant remains in possession of the rental after the agreement term expires they are considered a holdover tenant . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.
It doesnt matter if your lease has expired In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term.
Under California law, if your tenant is on a month-to-month lease and wants to vacate the rental unit, they only have to give the landlord thirty days written notice prior to moving out. If you as the landlord want to end the lease and its month-to-month, youll also have to give your tenant thirty days notice.

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