It’s Important to Put All Your Lease Extensions in Writing
Question: Two months ago, my tenant told me that she would be moving at the end of her lease. She now has asked for a one-week extension beyond the lease. I’m willing to give her an extension, but doesn’t it have to be for a minimum of 30 days?
Answer: No, once a tenancy expires and a tenant is unable to move, you can agree to any length of extension that you both desire.
If this occurs, it’s a good idea to prepare a written agreement that states the exact length of the extension, the total amount of daily rent due for the extension period (daily rate is determined as the monthly rent divided by 30), and what will happen (e.g., legal action) if the tenant does not move at the end of the extension. If more time is needed beyond the original extension, and you continue to agree to it, you should prepare a second agreement for the additional time requested.
It’s important to have all extensions in writing because once a lease ends and you accept additional rent, you have established a new month-to-month tenancy.
Changes Not Allowed Until Lease Expires
Q: My roommate and I both signed a one-year lease, which began last month. My roommate now needs to move out of state for a family emergency, and the landlord says that if I stay I must pay a larger security deposit. Can he do this?
A: No. Changes such as increasing the rent or security deposit are not allowed during the period of a lease, unless the lease spells out the circumstances under which changes can or will occur.
If your landlord wants a larger deposit, he must wait until the current lease expires. If you renew as a tenant, the new lease can designate an increased deposit amount, which can equal three times the monthly rent if the unit is furnished or twice the monthly rent if it is unfurnished.
If you and your landlord cannot resolve this issue, contact your local housing or mediation program for assistance.
Inform Landlord of Error in Notice
Q: I think I have experienced a Y2K problem. I just received a computer-generated notice to move by “April 15, 1999” rather than “April 15, 2000.” I plan to move but was wondering if I should ask him for a revised notice?
A: It does appear that this is a typo based on the year. Even though it is your plan to move, to avoid any misunderstanding, point out the incorrect date to your landlord. He or she may want to give you a corrected notice or the incorrect date on the original notice could be changed to reflect the correct year and then initialed by both of you.
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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.
For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:
Bellflower: (562) 901-0808
Carson: (888) 777-4087
El Monte: (626) 579-6868
Hawthorne: (310) 474-1667
Lancaster: (888) 777-4087
Long Beach: (562) 901-0808
Pasadena: (626) 791-0211
Redondo Beach: (888) 777-4087
San Fernando Valley: (818) 373-1185
South-Central Los Angeles: (213) 295-3302
Westside Los Angeles: (310) 474-1667
Orange County: (714) 569-0828
San Bernardino County: (909) 884-8056
