Roseville, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Is email a legal way to carry out another year lease?

Our landlord was having issues with zillow so we renewed our lease through email. He said in the email “ I would like to renew our existing lease agreement with the same rent price for an additional year adding water bill to tenants starting Sep 30, 2022 – Sep 30, 2023. Same rental rate $1950 per month including water bill payments added to rent monthly to (redacted) via Venmo.” He is now saying we are month to month because he wants to sell the house and told us he spoke to a lawyer and he told him that we don’t have a legal lease that will withhold. Do we have a legal lease or are we month to month?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, email can be a legal way to renew a lease agreement. An email can be considered a written agreement, which is enforceable in court.

Based on the information you provided, it appears that you have a valid lease agreement for the period of Sep 30, 2022 – Sep 30, 2023, with a fixed monthly rent of $1950, including the water bill payments. Your landlord's email message contains all the essential terms of a lease agreement, including the duration of the lease, the rent amount, and the addition of water bill payments to the rent.

Therefore, you have a valid lease agreement that is enforceable in court. Your landlord cannot change the terms of the lease agreement without your consent or terminate it before the end of the lease term, except for specific legal reasons such as nonpayment of rent or violation of lease terms.

If your landlord is claiming that you are now month-to-month tenants, despite your lease agreement, you may want to consult with a local tenant rights organization or an attorney who specializes in landlord-tenant law to determine your legal options. They can advise you on how to protect your rights and enforce your lease agreement if necessary.

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