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:
If a tenant continues to stay in a rental property after the lease expires and the landlord accepts rent, the lease is generally considered renewed. This renewed lease will have the same terms as the original and is valid for a maximum of one month if rent is paid monthly, or up to one year in other cases. This is based on California Civil Code § 1945, which 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.