San Jose California Residential or Rental Lease Extension Agreement

State:
California
City:
San Jose
Control #:
CA-826LT
Format:
Word; 
Rich Text
Instant download

Description

Agreement to extend the term of a residential lease, with possible modifications. Landlord and Tenant extend and continue the term and duration of the described Lease Agreement. Lessee(s) will continue to be joint and severally liable.


A lease extension is used to extend the terms of a previous lease between the landlord and tenant. By signing the extension, it is not necessary for the parties to execute a new lease. Generally, all terms of the previous lease are carried over by reference in the extension. Usually, the extension simply extends the term of the prior lease and may contain provisions for a revised rent payment.

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FAQ

In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term. At the end of each month thereafter, the agreement renews automatically for themselves in perpetuity, as long as you the tenant remains in possession of your home.

The option to extend or terminate a tenancy agreement usually comes up at the end of a fixed-term (usually 6 or 12 months) or when everyone involved agrees. Until that point, tenants are responsible for paying the rent even if they pack their bags and move out.

Fixed-Term Tenancy For tenancies that are longer than month-to-month, the landlord can't end the tenancy without cause until the end of the term. The landlord doesn't need to give the tenant notice to move out at the end of the term unless the lease specifically requires it.

That's because California's AB-1482 rent control law caps the maximum allowable annual rent increase to only 10%.

In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term. At the end of each month thereafter, the agreement renews automatically for themselves in perpetuity, as long as you the tenant remains in possession of your home.

You had a contract for the term of the lease and there's no obligation to continue past the stated date. There's also no obligation for you to stay if you want to move at the end of the lease. But if your landlord doesn't renew, you'll have to move. If you're a reliable renter, most landlords want to renew the lease.

Civil Code § 1161(3)). For evictions based on an illegal holdover, the landlord must give the tenant at least 60 days' notice if the tenant has lived on the property for at least one year or 30 days' notice if the tenant has lived on the property for less than one year. (Calif.

If your lease expires, the landlord has to provide you with a 30-day, 60-day, or 90-day notice to leave, depending on how long you've been renting and if you're in subsidized housing. If you've been renting for less than a year, the landlord only needs to give you 30 days' notice.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)

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San Jose California Residential or Rental Lease Extension Agreement