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H2ofield

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Posts: 4
Reply with quote  #1 
Hi,

We have a rental property in CA that we used to live in six years ago before moving to Oregon. We have had the same tenants since day one; and they have been decent tenants. A few years back I had forgotten to send a new annual lease agreement and foolishly never did...even for the following years. I assumed that the terms would still apply, with the exception of the lease time-frame, which I assumed would be month to month. Moving forward to today, we just found out that we need to move back to CA and back into the property; and we're uncertain how to go about this. Had we continued to have the tenant sign the annual leases, then the current lease would have ended Sept 1st. However, we need to move back in by July 1st; and would prefer they be out by June 1st so we can renovate.  Do I have the legal right to give a 60 day eviction notice April 1st? Is my reason for the eviction legal? I really don't want to do this to them, but we don't have a choice.
AccidentalRental

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Posts: 98
Reply with quote  #2 
Since you are on a month to month lease you are allowed to give 60 days notice. If they wanted the certainty of having a long term rental they should have asked for a longer lease after the first one expired.

I'm not a California expert so please consult a local professional to be certain, but according to the California law as I far as I can tell, you should be good.  Just make sure you give proper notice so you don't end up in a situation where you are homeless waiting for the tenant to move out.

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H2ofield

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Posts: 4
Reply with quote  #3 
Thanks for the quick reply. It is definitely reassuring. Because we had several signed one-year term lease agreements prior to me forgetting and failing to get subsequent leases signed, my concern was that the terms of the last lease would be assumed and carry over. I know some contracts work that way, but is usually stated in the contract. So, my specific question should be ...do the terms change to month-to-month if no subsequent lease agreement is signed? Again, thank you!
AccidentalRental

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Posts: 98
Reply with quote  #4 
I don't think the lease could renew to a 12 month lease unless there was an auto renew clause in the lease and the notification was followed per the lease agreement.

The original lease terms should remain in effect on the new month to month.

Check your last lease to make sure you don't have an auto renew clause. 

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H2ofield

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Posts: 4
Reply with quote  #5 
Fortunately the lease does not have an auto renew clause. I appreciate your help!
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