California  |  Real Estate Law

Legal Question

Asked on: 10/22/13, 11:21 am

Scenario:

Renter wants to rent an apartment for exactly 1-yr from 11/16/13 to 11/15/14. The owner wants the ending date to be rounded to the end of the month (11/30/14).

Is it legal per California rental laws?

2 Answers


Answered on: 10/22/13, 11:47 am by Anthony Roach

The parties can pick whatever rental period they want. If the terms of the lease are for more than a year, the statute of frauds requires it to be in writing.


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Answered on: 10/22/13, 12:03 pm by Timothy McCormick

Mr. Roach is correct. Neither state law nor any local ordinance I know of requires any particular length or dates for a lease. If landlord and tenant agree, a lease can be for 398 days and 12 hours if they want. The only thing the law cares about is that there are certain requirements for leases of certain lengths, and there are tax implications of extra long term leases, such as for commercial land.


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