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Maintaining Occupancy after termination of lease

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steve_w

Junior Member
What is the name of your state? CA

Hi,

I have the following provision in my lease that expired on January 2007:

"HOLDING OVER: This lease terminates on the date specified in section 2 above (i.e. Jan 07). Unless another Lease is signed by the parties hereto or unless written notice of election not to renew/intent to vacate is given to Landlord by Resident at least (30) days prior to the expiration of this lease, Resident will be required pursuant to the Los Angeles Rent Stabilization Ordinance to fully execute another lease term that contains similar terms on or before thirty (30) days prior to the termination date of this lease as stated in section 2 above."

I did not execute a new lease term after the expiration (Jan 07) but I continue paying rent at the rate based on the lease agreement that expired. My Landlord has not contacted me regarding renewing the lease.

QUESTIONS:

1) Any legal implications of my 'failure' to execute another lease term on or before 30 days prior to the lease termination?

2) Once my lease terminated, am I automatically on a month-to-month tenancy even though the Lease is silent on what happens if I did not renew the lease? If I do decide to terminate my tenancy, how much notice am I required to provide given that I no longer have a binding lease?

Any feedback on the above would be much appreciated.

Thanks

SteveWhat is the name of your state?
 


CourtClerk

Senior Member
What is the name of your state? CA

Hi,

I have the following provision in my lease that expired on January 2007:

"HOLDING OVER: This lease terminates on the date specified in section 2 above (i.e. Jan 07). Unless another Lease is signed by the parties hereto or unless written notice of election not to renew/intent to vacate is given to Landlord by Resident at least (30) days prior to the expiration of this lease, Resident will be required pursuant to the Los Angeles Rent Stabilization Ordinance to fully execute another lease term that contains similar terms on or before thirty (30) days prior to the termination date of this lease as stated in section 2 above."

I did not execute a new lease term after the expiration (Jan 07) but I continue paying rent at the rate based on the lease agreement that expired. My Landlord has not contacted me regarding renewing the lease.

QUESTIONS:

1) Any legal implications of my 'failure' to execute another lease term on or before 30 days prior to the lease termination?
Not that I can think of. The landlord failed to execute another lease also...
2) Once my lease terminated, am I automatically on a month-to-month tenancy even though the Lease is silent on what happens if I did not renew the lease?
Reverts to month to month
If I do decide to terminate my tenancy, how much notice am I required to provide given that I no longer have a binding lease?

Any feedback on the above would be much appreciated.

Thanks

SteveWhat is the name of your state?
Unless otherwise stated in your lease, 30 days.
 

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