Legal Question in Landlord & Tenant Law in California

Renting without a lease

Is it unlawfull for a landlord to accept rent from a tenant when the lease has expired and there was not a month to month (tenancy at will) clause? Is the tenancy at will automatically implied at the termination date of the lease?


Asked on 6/02/09, 3:03 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Renting without a lease

Upon the expiration of a term lease, unless explicitly stated otherwise in the lease, the tenancy becomes a month-to-month lease on the terms of the original lease. The landlord must, after the term lease expires, give a sixty day notice (unless the tenant has lived in the property less than one year) to terminate the tenancy, where the tenant may give 30 days notice to terminate the tenancy. The landlord may also change the terms of the lease on thirty days notice.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence

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Answered on 6/02/09, 4:18 pm


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