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Reasons for not renewing the lease. I have a home in

Reasons for not renewing...

Reasons for not renewing the lease

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

I have a home in Fremont, CA that has been rented out to a tenant. This has being managed by a property management firm. The lease expires July 31st, 2018 and we just informed the tenant that we are not extending the lease. There was a refrigrator problem on Nov17 where there was a bit of delay in replacing it. Some cooked food was wasted because of this. The tenant is now claiming that she will go to court since the lease extension denial retaliatory.

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

No, I am trying to reach one.

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

Just the pricing model for the consultation

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Answered in 5 minutes by:
4/11/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,420
Experience: Real Estate Attorney with over 25 years experience
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H​ello. Let me see if I can assist. Give me a moment to review and type my reply.

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Does the lease agreement call for any automatic renewals or right to renew? Did you ever mention to the tenant that you were considering a renewal or extension of the lease? If not, then you are well within your rights to NOT extend or renew the lease. A landlord is under no obligation to rent to a tenant after the lease has expired. The tenant is merely making a threat of litigation to force a extension of the lease.

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Customer reply replied 4 months ago
34;Does the lease agreement call for any automatic renewals or right to renew? " - No.
" Did you ever mention to the tenant that you were considering a renewal or extension of the lease?" - Not for this year. Just to give some context here. I hired the property management firm (A) Jan 2017 after a flooding problem was not handled by the previous property management firm (B) did not handle the situation well. Since (A) was hired, the tenants have been complaining to me about the company. When it was time to renew the lease July 2017, they refused to work with (B's version of the rental contract, threatened to go to court (since over an email I had mentioned I will extend the lease (last year)). For the current year (July 2017-2018), I have made no such commitment to extend the leaseThe question I have is - Do I have to give them a reason why I am not extending the lease?

N​o, you do not need to give a reason. A landlord does not have to rent a property if they do not want to do so. Period.

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Customer reply replied 4 months ago
Sorry one last question - The tenant keeps mentioning a 180 day rule, where if the incident was not handled to their satisfaction and the lease is not extended (or notice to not extend lease in this case) was given within180 days, this is retaliatory. Am I liable IF (I am speculating) if the property management had a 48 hours delay (over the weekend) in replacing the refrigrator?

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.5.&lawCode=CIVT​he 180 day retaliation rule is where the landlord terminates a lease or files eviction action against a tenant in retaliation for the tenant complaining about the tenantability or condition of the rental. It does not refer to the landlord not extending the lease but termination of the existing lease.

Replacing the refrigerator within 48 hours is reasonable. It does not cause the unit to be uninhabitable. At best, ***** ***** a claim for damages for some spoiled food that was in the refrigerator.

Here's the statute:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.5.&lawCode=CIV

Lori
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Satisfied Customers: 2,420
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