Legal Question in Real Estate Law in California

Does California allow for automatic renewals for leases of property?


Asked on 10/13/10, 1:22 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

In a situation of a landlord rentiang out a living space to a tenant, unless one side gives proper notice in advance [normally thirty days], a lease automatically renews for an additional month under the same terms as the old lease [except as to how long a term the lease is unless the prior lease was for one month]. Rental of land itself, as a tenat farmer would do, does not automatically renew.

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Answered on 10/18/10, 6:18 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The preceding answer is not completely correct. A resdential lease renews, usually on a month-to-month basis, when the tenant continues in possession and the landlord accepts rent, since rent is usually due and payable monthly. See Civil Code section 1945. This is not quite the same as the answer says. Further, I think you are asking about whether a one-year lease can contain a provision that says (for example) "This lease will automatically renew for an additional one-year term unless either party gives notice to the other of intention to terminante at least 90 days before the renewal date." This is permitted only if the lease has a boldface announcement of the provision directly above the lessee signature space as per Civil Code section 1945.5. These rules apply to residential leases; if it were a commercial lease, different rules apply.

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Answered on 10/18/10, 8:47 am


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