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My one-year lease has expired. Does it automatically revert to a month-to-month rental?.
Anonymous3 views3 answers
I did not see (or respond to) mail from the landlord. That mail is still at the post office. Now the landlord demands I accept one of three options: 1) a one-month extension with base rate ($1989) plus $1000.00; 2) six-month lease at 20% ($400.00) increase; 3) one-year lease at 10% ($200.00) increase. I maintain that lacking any new agreement, the apartment rental has reverted to a month-to-month arrangement at the original rate of $1989.00, and that going forward the landlord can only increase that rate with 30 days notice per Civil Code Section 827. Am I correct? What recourse do I have?
If the lease has expired and the landlord has already accepted rent, you are correct. If the landlord has not yet accepted rent, then you have to do what he wants or leave.
Your rental becomes month-to-month only when the landlord accepts rent after the lease has expired. Nothing prevents the landlord from, without any notice whatsoever, just filing an unlawful-detainer action against you the day after the lease expires.
I recommend that you review the options that the LL has proposed as you are now also at risk of a fourth option which is that the LL serve you with a notice terminating the tenancy. Relying on the technical rule of CC 827 is not helpful as the property owner has identified his/her preferences. A short term extension that is quite costly, a six month option which would be somewhat expensive or a new one year lease with a modest increase which would be consistent with the current California law limiting increases to 10% for a tenant who has had a rental agreement of more than 12 months. If you are now prepared to move now, you could probably just pay one months rent at the current rate. On the other hand, the two alternatives for 6 months or 12 months may be appropriate in light of your circumstances.
