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If a lease expires, it is no longer in effect. A tenant who stays on after a lease expires is typically considered a monthly tenant-at-will if rent is paid monthly. An addendum is used to add terms to a contract currently in effect. Because of the unenforceable nature of an expired contract, it is best to reestablish the terms in a new contract to avoid future issues and confusion over interpretation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
