Legal Question in Landlord & Tenant Law in California

My commercial lease expired 4months ago,I've continued on a month to month basis. Can they terminate my lease at any time for no reason?They have asked me to vacate in less than a week.Do I have any right to stay?Thank you for your time.


Asked on 7/14/10, 1:20 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Why would they want you to leave unless they want to rent for more, or have someone else sign a lease, or there is a problem between you?

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 7/14/10, 8:45 am

Civil code section 1945 provides that if a tenant holds over after the expiration of a lease, and there is no agreement to the contrary, the tenancy is presumed to have renewed for the same time and on the same terms, but if rent is paid monthly, then the tenancy converts to month-to-month, and in no case does the term renew for more than one year. So if you have been paying rent monthly, they must give you 30-days notice. This appiles to commercial and residential leases that do not have any agreed terms that are different.

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Answered on 7/14/10, 9:25 am


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