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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23396
Experience:  14 years real estate, Realtor. Landlord 24+ years
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When does a lease expire? First one signed was for one year

Resolved Question:

When does a lease expire? First one signed was for one year which ended 2008. The current lease does not stipulate any of the terms on the first lease. Are they still in effect if not stipulated in the current lease? My thought is no.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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When does a lease expire? First one signed was for one year which ended 2008. The current lease does not stipulate any of the terms on the first lease. Are they still in effect if not stipulated in the current lease?
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When a written lease expires and the landlord and tenant agree to continue the tenancy, then unless the initial lease has an automatic renewal clause (evergreen clause) then the tenancy would automatically convert to a month to month tenancy if no new lease is signed.
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But if a new written lease is signed, then its terms replace the previous lease terms and are the only binding ones at that point. The latest written lease is the one that controls with regard to any terms and conditions.
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If no new written lease is signed the month to month tenancy would continue under the exact same terms and conditions as the original written lease with the exception that in CA if the landlord wanted to terminate and it had been over a year, they would have to give the tenant a written 60 day notice to terminate.
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If the tenant wanted to terminate or the lease was under a year, only a 30 day written notice to terminate is necessary to end the lease.
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So in her situation, the latest written lease is what would control with regard to her rights and obligations.
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Thanks
Barrister
Customer: replied 1 year ago.

Thank you so very much. It seems like common sense that if the previous lease had expired, it is no longer valid. I will pass along this information to my daughter. You have been extremely helpful. All the information is good to know!

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I was able to help.
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Thanks
Barrister
Customer: replied 1 year ago.

I have another question regarding a rent increase by the landlord after my daughter moved. Do I have to re-ask or am I able to continue with you?

Expert:  Barrister replied 1 year ago.
Technically JustAnswer requires that a customer open a new thread for a new question, but you can request me, if you would like me to help. If you just put "for Barrister" in the caption somewhere, the moderators at JustAnswer will steer it to me..
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23396
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 7 other Real Estate Law Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

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Barrister

Customer: replied 1 year ago.

The website allowed me to ask another question. Did you receive it? I am a little confused by this site.

Expert:  Barrister replied 1 year ago.
Sorry no I don't see anything but if you can post it in this thread we can just go ahead and work on it here.
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thanks
Barrister
Customer: replied 1 year ago.

Okey, dokey. Thanks! The landlord raised the rent after my daughter moved. There was no notice given to my daughter, just an ad in the paper and on Zillow. Yes, daughter did break the lease on her end. This area of CA is very economically depressed and $950.00 per month is going to be very hard to manage for anyone here. If the landlord is asking a higher rent which will cause the house to be vacant for a longer than normal period of time (not able to rent because of high rent), does this break the lease on the landlord's end?

Expert:  Barrister replied 1 year ago.
If the landlord is asking a higher rent which will cause the house to be vacant for a longer than normal period of time (not able to rent because of high rent), does this break the lease on the landlord's end?
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This actual issue has been litigated in the courts before and the general consensus of opinion is that if the landlord is seeking to hold a tenant liable for the remaining term of a lease, then they have to act in good faith and attempt to rent it under the exact same terms and conditions of the lease that was breached. So if daughter's rent was $950, the the lanlord has to act in good faith and attempt to rent it again for the same amount rather than raising it.
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If he raises the rent, a strong, (and would opine, winning) argument can be made that he has acted improperly and essentially created his own additional problem in renting the unit that your daughter should not be held responsible for. When one party acts in bad faith in a contractual situation, it will serve to excuse further performance by the other party.
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If landlords were allowed to do this, then later hold tenants liable for the remainder of the lease term, there would be nothing stopping them from jacking up the rents when tenants breach, letting the unit sit empty, and then suing the tenant for the entire remaining lease term. The courts don't allow a landlord to do that.
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Thanks
Barrister
Customer: replied 1 year ago.

We were not sure but sounds like what we thought. Thank you so much for your time and help. This has turned into a huge mess that apparently, should not have happened.

Expert:  Barrister replied 1 year ago.
You are very welcome.. Glad to help out. Tell daughter congrats on the new house..
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thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23396
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 7 other Real Estate Law Specialists are ready to help you

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