Landlord Needs a New Rental Agreement for Same Tenant

Landlord Needs a New Rental Agreement for Same Tenant

21-Sep-1997 Sunday
(Page H-3 )

Robert Griswold | Steven R. Kellman | Ted Smith
This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Today!" (Saturdays, 2-3 p.m., AM 1130) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I have a tenant on a one-year lease that will expire at the end of next month. My tenant wishes to stay, but only on a month-to-month basis. Can I just continue accepting the monthly lease payments or do I need to actually prepare a new written rental agreement?

A: Griswold: It depends on the wording of your existing lease. The most commonly used standard lease forms in California call for the rollover to a month-to-month rental agreement upon the expiration of the minimum term of the lease. If your lease contains this language, then just continue to accept the monthly rent. However, note that there are some lease forms that do not contain the automatic rollover language converting the lease to a month-to-month rental agreement on the same basic terms and conditions.

In this case, if you continue to accept the monthly rental payments, a month-to-month tenancy is implied. This will generally not create any problems, however, it would be much better to prepare and have both parties sign a new written month-to-month rental agreement so that the rights and responsibilities are clear.

So read your expiring lease carefully to avoid surprises.

Smith: Robert is correct. Take a close look at your lease. In most cases, it will have a clause stating the tenancy will convert to month-to-month following expiration of the original term. At that point, either party, landlord or tenant, may give the other a 30-day written notice terminating what has become a month-to-month tenancy. Without this clause, a month-to-month is still implied. I concur that it would be better to have the tenant sign a new agreement (either lease or month-to-month) so that everyone has the same understanding.

Q: I live at an apartment community where the owner requires all tenants to pay $45 to have a professional company steam clean the carpets before moving. If the tenant does not do this voluntarily, the landlord deducts the $45 from the security deposit. I am under the impression that California law does not require the tenant to clean the carpets, clean the window coverings, wash the ceiling or paint the walls unless it is required in the lease or if there has been damage beyond ordinary wear and tear. Can my landlord require the professional steam cleaning?

A: Kellman: When is dirt considered ordinary wear and tear? When you can't clean it. I believe it is that simple. Therefore, if the carpet, window coverings, walls, etc, can be cleaned, you should clean them. The law seems to say that you must take the dirt out with you when you leave that you brought in.

Disputes commonly arise when the tenant moves out with dirty looking surfaces or stains that are uncleanable that result in repair and/or painting at significant costs.

Sometimes dirt that wears into carpets or walls by normal use over time can not be cleaned by normal means. In that case, the tenant should not be responsible for the costs of extraordinary cleaning or repairs.

As to the $45 charge, the landlord can not force you to hire a professional to clean the carpets nor can he automatically deduct the amount from your deposit. If the carpets can be cleaned, you can do the job yourself for less than $45.

Personally, factoring in equipment rental costs, time and effort involved, I would opt for the $45 job.

Q: I live in a short-term occupancy motel downtown. I moved in recently and was told that the rent was $79 per week. Everything was fine for a few weeks until I was told that I had to pay $89 per week starting that week. Don't they have to give me some type of advance notice under California tenant-landlord laws or are the laws different for motels?

A: Kellman: Indeed, the laws for occupants of hotels and motels are different than those for tenants for the first 30 days.

In this period, the occupant is usually not considered a "tenant" under basic landlord-tenant law. Evictions can be done without court action by simply calling the police. Rent can be changed without much advance notice.

After 30 days, however, the occupancy turns into a tenancy. Then, the resident will be entitled to the protections of landlord-tenant law including attempted evictions, notice for rent raises and the right to have repairs made to keep the unit safe and habitable. Some hotel-motels have tried to deprive residents from gaining these protections by moving the person from one room to another at the same establishment before the 30 days are up to keep the resident from becoming a tenant.

But this practice is frowned upon and generally no longer works.

Smith: I agree with Steve. After 30 days of living in the room, your occupancy "rolled" from hotel law to landlord/tenant law and the rules do change.

It sounds to me like you have a week-to-week tenancy. Although most tenancies are month-to-month, week-to-week is perfectly legal. Either you or the motel may change the terms of this week-to-week tenancy with seven days written notice. Therefore, your motel had the legal right to raise your rent so long as proper seven-day written notice was given.

If you're a tenant or landlord, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 191, San Diego, CA 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1997 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com