Full question:
My wife and I have been renting our investment property (a 4 bedroom house) to a young couple for 2 years now. The first year's contract was a 1 year lease; the year 2 contract was a lease extension which expired on June 14, 2009. Due to a serious family health situation, I inadvertently allowed the lease to expire without sending our tenants a year 3 extension to sign. Question: Must I start again with a full lease contract or can I (if the tenants agree) use another lease extension form? If I can use the extension, what dates do I put in?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
If a lease expires, it is no longer in effect. When tenants remain after a lease has expired, they are generally considered month-to-month tenants-at-will, assuming rent is paid monthly. An addendum is used to modify an existing contract, but since the original lease is no longer enforceable, it is advisable to establish a new contract to prevent potential confusion or disputes.
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