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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I live in Southern California and have a rental property in

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I live in Southern California and have a rental property in Northern California. I'm attempting to refinance my principal residence in So California, however, but my bank is asking me to provide an updated lease agreement which was negotiated 7 years ago. My property manager is telling me that the tenant is under no obliagated to re-sign the lease. What civil code code can you quote me to support my property manager's response?

Thank you for your question. Please permit me to assist you with your concerns.


My apologies but this is not under civil code, it is under the lease agreement itself--ANY contract expires with time, and there is no obligation to re-sign any agreement unless the contract itself so specifies. This isn't real estate or landlord tenant law, it is common law that by common practice frowns on perpetual agreements and instead requires, specifically under the Statute of Frauds, for all contracts for real estate and all contracts that last a year or more to be in writing. Common law is not written down anywhere--those are laws under past practice and precedent that have become the law of the land without being codified.


Hope that helps.

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