Hire a Real Estate Attorney in Irvine CA if Your Landlord isn’t Playing Fair at Lease Extension Time

by | Jan 3, 2023 | Law Firm

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In most cases, a landlord is allowed to terminate a tenant’s lease without cause at the end of the lease’s term. Simply put, your landlord is not obligated to allow you to remain on the premises, or to renew your lease, unless your Real Estate Attorney in Irvine CA can invoke your state’s anti-retaliation law. Landlords typically provide advance notice of the non-renewal of your lease, and tenants are usually responsible for arranging an extension.

All cases with a basis in tenant/landlord law are handled at local and state levels, and laws differ from one state to another. No matter where you live, it is a good idea to have an open line of communication with your landlord and not to wait until the end of the term to renew your lease. Typically, landlords cannot agree to a new term or accept payments beyond the term limit if they do not want to renew your lease. If your landlord does so, most courts will interpret it as an extension by default.

Some leases come with extension options, which must be invoked in a timely fashion to allow the landlord to prepare the premises for new tenants. Some states require landlords to notify tenants that the lease will end on a certain date if the tenant has failed to exercise their extension option. Generally, staying in the home beyond the lease’s end is a reason for a landlord to file legal action, and to have the tenant evicted.

It can be very difficult to prove that your landlord acted in a retaliatory fashion if he or she chooses to terminate your lease without cause at the end of the term, because the reason for termination is that the term has reached its end. However, if you can prove that your landlord agreed to extend the lease and that he or she then rescinded the offer without notifying you, The Law Offices of Neil J. Cacali may have a legitimate claim in civil court. A landlord/tenant or Real Estate Attorney in Irvine CA can offer you more details and advice specific to your circumstances.

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