If the original lease expired andour tenants stayed on, how do we get a new lease signed?

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If the original lease expired andour tenants stayed on, how do we get a new lease signed?

The lease for our rented home expired in 8/10. We (landlord) forgot to make a new one. Now we have the new lease for the tenants and they seem a bit reluctant to sign it. What do we do now?

Asked on October 21, 2010 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since the tenants have stayed beyond the expiration of the original lease, their tenancy has now been converted to a month-to- month tenancy.  The other provisions of the prior lease would remain in effect.  A month-to- month lease means that you would only have to give 30 days written notice to make changes in the terms such as increasing the rent or terminating the tenancy.  The tenants would only have to provide 30 days written notice to terminate the tenancy now that it is month-to-month.


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