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I submitted a question regarding my daughters' lease to you…

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I submitted a question...

I submitted a question regarding my daughters' lease to you a few minutes ago. (In California) Did you see it? (My apologies...our connection was interrupted.)

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Did you receive my initial question? It is regarding a lease in Long Beach, California.

Lawyer's Assistant: Have you talked to a CA lawyer about this?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is an issue regarding whether it is legal for a landlord to continue a one year lease beyond the expiration date when the original tenant has moved out of the country to India.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/18/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 month ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,938
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 month ago

Good afternoon. Can you please share with me a little more about the situation?

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Customer reply replied 1 month ago
I recently advised my daughters, who are subtenants on a lease, to submit a letter to their leasing office (Park Avenue Apartments in Long Beach, CA) regarding the expiration of their lease, which was 2/28/2018, and stating that it is illegal to continue it as a month-to- month lease. This letter was written and dropped in the leasing office's dropbox along with their keys on 3/11/2018. The lease was a one year lease with the original tenant who moved out of the country to India, and my daughters moved in to complete the term of the lease. The letter and keys would have been submitted as the lease ended and everyone moved out. However, the leasing office refused to accept the keys from the other subtenants (a couple) and insisted that they submit a 30-day notice with 3/27 as the move out date to obligate all of them to pay another month's rent. The entire apartment is vacant; all that remains is the original tenant's furniture. Isn't it accurate that it is illegal to continue this lease, considering these circumstances where the original tenant is out of the country?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 month ago

Thank you and please allow me a moment to respond.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 month ago

Once the lease ended, so would the obligation of the subtenants ( your daughters). Unless the lease required a 30-day notice in the event that the lease was not going to be renewed or revert to a month to month agreement, they would have to vacate once the lease expired. It would be the obligation of the original tenant to remove the furniture or make arrangements and if they fail to do so, the management could go after her, since she is the primary on the lease. There would need to be a legal basis for them to now hold the girls to a month to month lease, if they turned over keys and possession, prior to the lease ending.

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Customer reply replied 1 month ago
My daughters vacated the property as the lease ended on 2/28; however, the keys were submitted on 3/11 because of the actions taken with the other subtenants where they did not accept their keys. The 30-day notice was not given because my daughters were following the expiration date of the original lease as the end of their subtenant contractual agreement. It was their understanding that any renewal or month-to-month notice would be the obligation of the original tenant, not theirs as subtenants. Is it illegal for the landlord to insist on the continuing of this lease when the original tenant is out of the country?
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