Although a lease may be oral or written, California law requires, for example, that a fixed-term lease be written if it lasts more than 12 months. The rental is automatically completed on the end date. However, if the tenant does not move and the landlord accepts a rent payment, the agreement is automatically converted into a periodic tenancy agreement that extends the duration of the rent payment. Throughout the exercise tenancy agreement, the lessor and tenant must comply with the terms of the fixed-term tenancy agreement, even if the lease is no longer in effect. The main advantage of a monthly tenancy agreement is flexibility. You don`t have to worry about breaking a lease in the middle of a one- or two-year term, which could be expensive. Instead, you can complete one month of monthly leaseback per month by providing sufficient notice (usually 30 days) to the owner. Of course, the owner has the same flexibility. As a tenant, you live with the risk of being terminated at any time for non-renewal, at that time you would only have 30 days (or a little more if the landlord gives the message in the middle of a month) to find a new home. Some landlords are willing to offer a third option, starting with a temporary lease (usually one year) and moving to a monthly contract when the lease expires. For many tenants, this is an attractive compromise; they receive the guarantee of one year`s rent and can stay in the apartment after the year is after the year without signing another temporary rent. Additional terms and conditions may be included and the agreement must comply with the Residential Tenancies Act 1997.
If the duration is 90 days or less, this is a short temporary rent. It is not periodic when the term ends. A short temporary rent cannot be used as a trial period. A tenancy agreement (also known as a rental agreement) is a legally binding written agreement between a tenant and a property manager/owner. Short-term leases can be written or oral, but we recommend the use of written leases. Owners and tenants can use our Form 1 – Rental Agreement (Word, 1.5MB). The Tenant Checklist (PDF, 113 KB) gives new tenants important questions that they can ask their landlords before signing a contract.