Landlord Question and Answer Forum

This lease is in place for a property I own in California. The Residential Lease Agreement, Section 23 "ENDING OR RENEWING THE LEASE AGREEMENT" states "At the end of the Lease term, this Lease Agreement shall automatically continue for an additional Lease term until such time Landlord and/or Tenant provide a written notice of 60 days prior to the end of the Lease Agreement or Lease renewal period." What is the CA Legal View of the above Section 23 agreement and the below confusion and Tenant/Landlord disagreement. I served her a 60 day notice to terminate lease. • Landlord Perspective: On June 19th Landlord sent Tenant a written notice stating August 19th is Lease Termination according to the Lease Agreement’s Ending the Lease Agreement terms - 60 days prior. • Tenant Perspective: Tenant believes they are legally entitled to stay in the Rental Property until October 31, 2013 (Lease annual date). Tenant believes the original lease terms automatically renewed the initial/original Lease Agreement Terms for another year term. Tenant also believes the 60 day notice given on June 19th, officially notifies Tenant that the Lease Terminates on October 31, 2013 and does not automatically renew of October 31, 2013. Net-Net: Landlord believes last day for Tenant is August 19th, 2013. Tenant believes last day is October 31, 2013. Who is right according to Paragraph 23 and CA Law??

You must give a written notice prior to the end of the lease. If you choose month to month you could've have done it your way, but because you did not, the tenant is correct in this situation.

Posted by Luis M, NJ on Wednesday, July 3, 2013