San Jose California Amendment of Lease Package

State:
California
City:
San Jose
Control #:
CA-P072-PKG
Format:
Word; 
Rich Text; 
PDF
Instant download

Description

With this Amendment to Lease Package, you will find the forms that are necessary to modify the terms of a lease. The forms in this package are designed to avoid disagreements over changes to leases and stay in compliance with state law.


Included in your package are the following forms:


Amendment of Residential Lease


Model Lease Amendment for Short Term Rent Deferral


Letter Regarding An Amendment to Tenants Lease


Lease Clause to Keep Responsible After Assigned Lease is Modified


Detailed information on forms included:


Amendment of Residential Lease - This Amendment of Residential Lease permits changes to a lease agreement that will be incorporated as part of the overall lease contract. The structure of this form complies with applicable state statutes.


Model Lease Amendment for Short Term Rent Deferral - This form is a model lease amendment providing rent deferral for financially strapped tenants. It also contains provisions for the payment of any deferred rent.


Letter Regarding An Amendment to Tenants Lease - This letter is sent to the tenant 60 days prior to lease expiration. It explains the effective date of lease amendment and response deadline.


Lease Clause to Keep Responsible After Assigned Lease is Modified - This form is a lease clause that keeps the tenant liable for responsibilities in the lease after it has been modified.


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FAQ

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.)

California law allows landlord to change the terms of a month to month tenancy with proper notice. However, changing is not always as simple as just sending a notice.

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.

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.

A tenancy agreement can normally only be changed if both you and your landlord agree. If you both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.

According to California Civil Code Section 827(a), a landlord can change the terms of a tenancy agreement if he does so in writing and if the amount of advance notice equals the length of time between the tenant's rent payments.

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.

Generally, a landlord can change a the terms of a month-to- month tenancy by giving a written 30 day notice of change of terms of tenancy.

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.

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San Jose California Amendment of Lease Package