Rental Agreements
- Must be Lawful, Possible, and Definite (Civil Code 1596)
Written Agreements
- Clarify terms and expectations
- Provide proof of the terms of the agreement
- Supercede prior negotiations (Civil Code 1625)
Oral Agreements
- Are legally binding (Civil Code 1622), but are difficult to prove in court
- If agreement to a lease of a rental unit is for more than one year, the agreement must be in writing to be enforceable (Civil Code 1624(a)(3).)
Fixed Term Lease
- Fixes rent and conditions for a specific period
Implied Renewal of Lease (Civil Code 1945)
- When fixed term lease expires, it becomes month to month if landlord accepts further payment of rent
Automatic Renewal Provisions
- Some leases call for automatic renewal if the tenant stays beyond the fixed term
- This is only legal if the provision is printed in at least 8-point bold-faced type in the body of the text and restated immediately above where the tenant signs the lease (Civil Code 1945.5)
Month to Month Agreement
- Tenancy can end with a minimum 30 day notice by landlord (Civil Code 789) or minimum 60 day notice for leases lasting more than 1 year
- Rent can increase with a minimum 30 day notice
Additional Documents:
