Full question:
My lease got expired two months back, but I still stay in the house and even pay the rent. My landlord is a nice guy and has no issues till now. Does the acceptance of rental payments imply that the lease has been renewed? I need to know the relevant California law on this.
- Category: Landlord Tenant
- Date:
- State: California
Answer:
Generally, if the tenant remains in possession of the leased premises even after the expiry of the lease, and the landlord accepts the rent for the months after the expiry of the lease, the lease is considered to have been renewed. Such renewed lease shall have the same terms as the previous one and will be valid for the same period of time, which will not exceed one month when the rent is payable monthly or in any case one year. The relevant law is Cal Civ Code § 1945, it states:“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.”
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.
