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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have 10 acres. I rented a home on the property. I have moved

Customer Question

I have 10 acres. I rented a home on the property. I have moved a trailer on the property, is it legal for me to stay there from time to time?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Did you rent the entire ten acres as well as the home under any lease to the tenant?
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Or did you just rent them the home and any surrounding yard?
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Or does the lease not specify exactly what the tenant rented?
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thanks
Barrister
Customer: replied 1 year ago.
The lease does not specify. I rented a house. This is in California. They had some yard. But did not use the rest of the property.
Expert:  Barrister replied 1 year ago.
Ok, if the lease doesn't specify what the tenant rented, but does specify the address of the house, then I would opine that they would have the use of the house and any attached yard, but not the remainder of the ten acres unless the lease specifically states this.
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With that said, if the remainder of the ten acres wasn't included under the lease, then there is nothing that would prevent you from living on it.
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thanks
Barrister
Customer: replied 1 year ago.
Thank you. Also, can I verify that once a lease is over it just reverts to a month to month, but you still have to give notice to terminate.
Expert:  Barrister replied 1 year ago.
Once a fixed term lease expired, it automatically converts to a month to month tenancy if the landlord and tenant agree to continue the tenancy. If the tenant has lived there over a year, then the landlord has to give them a 60 day written notice to terminate under CA law (CA Civil Code 1946.1) The tenant can terminate with only a 30 day notice though.
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thanks
Barrister

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