Morgan Hill, CA asked in Contracts and Landlord - Tenant for California

Q: If the amendment to the lease expires, does it revert back to original lease?

Our original lease stated we went one year then month to month with 30 day termination. We amended twice to add a year. The 2nd amendment for extend the lease ending 5/31/19 and added 60 termination. When amendment expires doesn't the original lease go back into effect? We gave notice on 6/1 and landlord is threating to hold deposit

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL

A: Based upon your (confusing) facts it appears you should have given notice 60 days before June 1--or 30 days before June 1--if the second amendment was not accepted. By waiting until June 1 you may have violated the lease and are subject to eviction at any time.

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