Question: How far in advance can my landlord request that I renew my lease agreement?
Answer: It is that time of the year in many college towns when landlords are requesting that tenants renew their leases for the Fall, even though the existing lease does not expire for another six to seven months. Many tenants are confused and frustrated by this process and want to know their legal rights.
Unfortunately for tenants in this situation, California law does not place any restrictions on when a landlord can request a lease renewal. This means landlords can ask tenants to renew their leases as far in advance as they would like unless there is a lease provision that addresses the issue. Most leases contain a lease renewal provision that states the time frame for renewing the lease and the manner in which the tenant must renew should they choose to do so. Your landlord must comply with a lease renewal provision, if it exists, and you should be firm in its enforcement.
Moreover, you still have the right of quiet enjoyment in the property even if you choose not to renew your lease agreement throughout the remainder of your lease term, which means your landlord will have to comply with certain requirements when showing the property to prospective renters. You can read more about this right and the laws governing a landlord’s entry into your rental in our posts below.
Please contact our office if you have any questions about your rights or if you think special rules, such as living in a rental control district, apply.
Emil Dixon is the founder of the Davis Legal Center, a private law office located in Davis, California.