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New California laws create more protection for month-to-month tenants, adding rent control and limits to when a landlord can terminate the lease. Month-to-month leases are the most common type of rental agreement, mainly because of their flexibility.
When a one-year lease ends in California, it automatically converts to a month-to-month lease unless you sign a new agreement with your tenant. Even though the initial lease period is over, the agreement automatically renews until the tenant moves out or there is just cause for lease termination.
For example, the original tenant might have put holes in the wall to make a new passageway or undertaken other major work on the property. At the end of the lease, the new tenant must fix those issues and return the property to the condition that it was in at the start of the lease.
Once the lease expires, you no longer have the right to live in the property unless you get the lease extended or sign a new lease. This is true even if you were to continue paying rent. That said, your landlord doesn't have the right to evict you immediately after your lease expires.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)
A California lease agreement allows a landlord of residential or commercial property to write a legally binding rental contract with a tenant. The agreement will describe the property, specify the monthly rent, and list the responsibilities of both parties.
The purpose of this document is simple ? memoranda of lease are prepared, signed, and recorded against the landlord in the register of deeds of the county where the leased premises are located to protect your rights as a tenant.
It doesn't matter if your lease has ?expired? In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term.