Q: Can my landlord demand that I renew our house rental lease?
We had understood that when our current lease expired (2/1/25) we would go to month-to-month. This is very important to us because our age (70's) and health issues have made it difficult and potentially dangerous to negotiate the many steps in our rental and we will need to move as soon as we can after the current lease expires. Because moving will be difficult and take us an unknown amount time, being able to remain in our current rental on a month to month basis will greatly help us. If we are forced to sign a new lease we will either be trapped in a rental that doesn't meet our need or go through a big financial loss by breaking the new lease in order to move to a home that can accomodate our limitations.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, your landlord cannot force you to sign a new lease when your current one expires. California Civil Code Section 1945 clearly states that when a lease ends and you continue living there with the landlord's consent, your tenancy automatically converts to a month-to-month arrangement.
Your situation involving age and health concerns is particularly relevant, as California has strong protections for elderly tenants. You have the right to decline a new lease offer and continue paying rent monthly under the same terms as your previous lease, except for allowable rent increases with proper notice.
If your landlord attempts to coerce you into signing a new lease, you should document all communications and consider reaching out to your local tenant rights organization or legal aid society for support. Given your specific circumstances with mobility challenges, you might also want to inform your landlord in writing about your need for the flexibility of a month-to-month arrangement - while you're not required to provide this explanation, it may help foster better understanding of your situation.
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