Legal Question in Real Estate Law in California

Re: Lease agreement effective date question

It's difficult to comment on a written lease without reviewing the lease itself. However, it appears that the lease you signed sometime back had a provision that the management could write you a letter, and if you didn't reply your lease was automatically extended. And you are then stuck with giving a 60 days notice of termination. It doesn't sound right. I'd advise you to move to your new apartment. You may of course contract for various options. Unless there some law against the porovision, and I don't know why there would be one. You are stuck with it. However, right now it appears that you are stuck with one extra months rent at one apartment or the other. So if you don't move the new apartment keeps your down payment, and if you don't move you may be sued by the old apartment management. Then again they may not, and if they do the court may not uphold the rental agreement (contract). Which the judge will have to read.

Re: Lease agreement effective date question

Folowing is the Calif. Civil Code regarding extensions of the lease.

"1945. If a lessee of real property remains in possession thereof

after the expiration of the hiring, and the lessor accepts rent from

him, the parties are presumed to have renewed the hiring on the same

terms and for the same time, not exceeding one month when the rent is

payable monthly, nor in any case one year.

1945.5. Notwithstanding any other provision of law, any term of a

lease executed after the effective date of this section for the

hiring of residential real property which provides for the automatic

renewal or extension of the lease for all or part of the full term of

the lease if the lessee remains in possession after the expiration

of the lease or fails to give notice of his intent not to renew or

extend before the expiration of the lease shall be voidable by the

party who did not prepare the lease unless such renewal or extension

provision appears in at least eight-point boldface type, if the

contract is printed, in the body of the lease agreement and a recital

of the fact that such provision is contained in the body of the

agreement appears in at least eight-point boldface type, if the

contract is printed, immediately prior to the place where the lessee

executes the agreement. In such case, the presumption in Section

1945 of this code shall apply.

Any waiver of the provisions of this section is void as against

public policy."

Therefore, the provision that you are talking about MUST be in bold print just before your signature on the lease.

My other argument to them would be that they should have included that information in the offer to extend.

The fact that you gave them notice verbally is probably sufficient, but if they have not complied with the printing on the lease, you can void that portion.