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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My one-year rental lease is coming up soon. I asked my

Customer Question

My one-year rental lease is coming up soon. I asked my landlord if I can rent from month to month rather than sign another one year lease. I would like to move out, but I have surgery coming up and won't be in any condition to move out for another 3 - 4 months. I agreed to pay his rent increase and give them 30 days notice when I do move out, but he won't budge. He wants me to sign another year's lease. Do I have any right to stay on without a lease? I've been a good tenant and pay rent on time. I'm a senior citizen. Thank you, ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation. Unfortunately your landlord does not have any obligation to change the lease terms based on your medical condition (upcoming surgery).

If you choose to sign the lease, but wish to move out after your surgery (so you sign the 12 month lease, but want to leave after 3-4 months), you can terminate your lease early, but the landlord can claim "early termination damages" - this would be: rent for the remainder of the lease term, or until the landlord finds a new tenant, whichever occurs first (most courts put a cap of 2-3 months on damages, but this guideline is not a rule).

Customer: replied 1 year ago.
Thank you. What would happen if I don't sign the new lease, but pay the new rent amount. If he accepts the check, what then? If he doesn't can he evict me?
Expert:  CalAttorney2 replied 1 year ago.

If he accepts the rent, and doesn't go through the unlawful detainer ("eviction") process, you would be considered a "tenant at sufferance" (month-to-month) tenant.

Unfortunately, as you are on a lease term, if you fail to sign the new lease, and if your landlord decides he doesn't want to accept the money from you, he can start the unlawful detainer right away (you don't get 60 days notice or anything else).

Customer: replied 1 year ago.
Thanks. No more questions.
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.