CAN MY LANDLORD REFUSE TO RENEW MY LEASE?

Can my landlord refuse to renew my lease?

Can your landlord refuse to renew your lease because he doesn’t like you? In other words, can your landlord terminate your lease for any reason

Under State law, if you live in an apartment complex, it is very difficult for a landlord to refuse to renew your lease. If you live in a rented home or condominium, you have fewer rights.

Under Local law, there may be help. Even if State law does not protect you, there are cities that have local municipal laws that may help. For example, if you live in San Diego, there are local municipal laws that prohibit the termination of any lease that is older than 2 years. San Diego law does not make an exception for terminating any lease. Better yet, if local law gives more protection than State, State law specifically states that local law governs [Civil Code §1946.2(g)(1)(b)]. Keep this in mind, as you read below.

Tenants in apartment complexes

Tenants in apartment complexes have a lot of rights due to recent changes in the law. The old State law allowed a landlord to get rid of a tenant when their lease was up for just about any reason. The common excuse was usually that the landlord did not like you or your attitude, so they were not going to renew your lease. Those days are gone so long as you can satisfy a few requirements.

First, if you have lived in the complex for more than a year, it is very difficult for the landlord to terminate your tenancy, so long as you pay rent and aren’t a nuisance to the community. If you sign a one-year lease, the landlord can refuse to renew it when the first year lease expires. That is the only moment when a landlord can refuse to renew your apartment lease without just cause. If the landlord delays even a day beyond the one-year lease period, you are allowed to permanently remain (provided that you satisfy the requirements in the paragraphs below). For example, you sign an apartment lease that starts January 1 and ends on December 31. Prior to December 31, the landlord can notify you that he will not be renewing your lease. This is perfectly valid, provided that he’s not refusing to renew for an illegal reason (e.g. He’s punishing you for making repair requests, or he’s discriminating against you or your family). If he gives notice before the first year is up, you are required to move. However, let’s assume that your landlord waits until January 3 of the following year to notify you that your lease will not be renewed. At this point, his notice is too late as you have lived in the complex for more than a year. If more than a year has passed before he gives you a notice to move, it’s too late: He cannot terminate your tenancy, but must let you remain (with a few exceptions listed below).

Second, the one-year cutoff only applies to apartment complexes that are older than 15 years. If the apartment complex is less than 15 years old, the landlord is allowed to terminate your tenancy without just cause even if you have lived there longer than a year. On other hand, if the apartment complex is older than 15 years, you are free to stay for as long as you want, so long as you have lived there for more than a year, pay rent, and don’t engage in terrible conduct.

Third, even if you live in an apartment complex that is older than 15 years, and you have lived there more than a year, a landlord can still terminate your lease for any of the following reasons:

a. The landlord intends to undertake extensive remodeling of the unit, such that it is impossible for a tenant to live there while he performs renovation. This is more than just painting or installing new carpeting. The landlord must be undertaking “substantial modification” to the unit before they can terminate your tenancy. The law defines it as, “the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos . . .” In other words, if your place is going to be torn apart, the landlord can refuse to renew your lease so that he can undertake renovations. HOWEVER, there is some good news. If this isn’t a mom & pop rental property, state law requires a landlord in such a situation to give you a month’s free rent to relocate. Also, if you live in Los Angeles, there are special local laws protecting you, as well. For example, a landlord in Los Angeles cannot undertake extensive remodeling until they first submit written plans to the City. Also, in Los Angeles the landlord has to offer the unit to you first after they finish remodeling, so long as you told the landlord in writing that you wanted to lease the unit again once the remodeling was done. NOTE: The relocation fee requirement only applies to apartment complexes that have more than four units. In other words, mom & pop landlords who own small apartment complexes of 4 units or less don’t have to pay relocation fees, provided that they have given notice of such in the lease or lease addendum. See Civil Code §1946.2(e)(8)(b)(1). olivia

b. The landlord wants to move himself, a family member, or a resident manager into your unit. However, this is a limited exception. The landlord can only do this if he has no other unit to use for a rental, and you are the newest tenant in the building. Also, if you live in Los Angeles, there are extra laws to protect you. A landlord cannot move a family member or himself into your unit if he or the family member owns other property in the city of Los Angeles. Even if the landlord in Los Angeles is able to satisfy these requirements, he must pay you a hefty relocation fee, sometimes as high as $20,000, to force you to move. In Los Angeles, if you are disabled or over 62-years-old and have lived at the property for ten years, the landlord cannot force you to move.

c. The landlord intends to demolish or remove the property from the rental market. If the landlord is merely selling the building to a new buyer, the new buyer cannot terminate your lease, unless the new buyer plans to demolish the building or take it off the rental market.

Finally, under Local law, there may be help. Even if State law does not protect you, there are cities that have local municipal laws that may help. For example, if you live in San Diego, there are local municipal laws that prohibit the termination of any lease that is older than 2 years. San Diego law does not make an exception for terminating any lease. Better yet, if local law gives more protection than State, State law specifically states that local law governs [Civil Code §1946.2(g)(1)(b)].

For the most part, a tenant in an apartment complex has a lot of legal rights. As noted, in San Diego County, those rights are even greater, as a landlord cannot terminate any tenancy unless he has just cause [San Diego Municipal Code §98.0730].

Tenants in condominiums

Tenants in condominiums may have fewer rights than tenants in apartment complexes. It depends on who owns the condominium. If you are a tenant in a condominium complex that is owned by a corporation or LLC, you have rights similar to a tenant in an apartment complex. By contrast, if you are renting a condominium from an individual owner who doesn’t own it through a corporation or an LLC (also known as a mom & pop owner), you have much fewer rights to stay as long as you wish.

In other words, the law gives mom & pop landlords more decision-making authority whether to keep a tenant. That is not the case with complexes owned by corporations or LLCs.

If you are a tenant in a complex that is owned by a corporation or LLC, you have the same rights as a tenant in an apartment complex. On the other hand, if you live in a condominium that is owned by a person, they have the right to refuse to renew your lease at any point when it expires, even if you have been there for longer than a year. If you are on a month-to-month tenancy, then they merely have to give you the required notice to terminate your tenancy, so long as the lease notified you that this could happen. If you are renting a condominium that is owned by a person – and not a corporation or LLC – then you don’t have the right to remain when your lease expires PROVIDED THAT you entered your lease after July 1, 2020, and were given notice in your lease that the property was exempt from the just cause termination requirements. To this end, your landlord was required to put the following notice in your lease if it was signed after July 1, 2020:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (Civil Code §1946.2(e)(8)(b)(i)).

If you signed your lease after July 1, 2020 and the above-referenced notice was not in the lease, then the landlord cannot terminate your condominium lease without just cause. However, the mom & pop landlord can remedy this problem when the lease is renewed, by placing the above-referenced notice in the lease renewal. If that happens, then the landlord can terminate the tenancy at the conclusion of the extended lease, and would not be required to pay you a relocation fee.

If you signed a condominium lease before July 1, 2020, the mom & pop landlord can, in fact, terminate your tenancy without just cause. However, if the property is owned by a corporation or LLC, then they cannot force you to leave when your lease is up unless they have just cause to do so.

In Los Angeles, if you live in a condominium complex owned by a corporation or LLC, they cannot terminate your tenancy because they want to remove your individual unit from the market. The landlord can only force you to move if the landlord is removing all of the units in the complex from the market. He cannot pick and choose. As noted above, if you are asked to leave under such circumstances, you are entitled to a relocation fee.

In San Diego, there are local municipal laws that prohibit the termination of any lease that is older than 2 years. San Diego law does not make an exception for terminating any lease. Better yet, if local law gives more protection than State, State law specifically states that local law governs [Civil Code §1946.2(g)(1)(b)].

Tenants renting homes

If you are renting a home that is owned by a person – and not a corporation or LLC – then you don’t have the right to remain when your lease expires PROVIDED THAT you entered your lease after July 1, 2020, and were given notice in your lease that the property was exempt from the just cause termination requirements. To this end, your landlord was required to put the following notice in your lease if it was signed after July 1, 2020:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (Civil Code §1946.2(e)(8)(b)(i)).

If you signed your lease after July 1, 2020 and the above-referenced notice was not in the lease, then the mom & pop landlord cannot terminate your lease without just cause. However, the landlord can remedy this problem when the lease is renewed, by placing the above-referenced notice in the lease renewal.

If you signed a lease of a home before July 1, 2020, the landlord can, in fact, terminate your tenancy without just cause. However, if the property is owned by a corporation or LLC, then they cannot force you to leave when your lease is up unless they have just cause to do so. HOWEVER, under Local law, there may be help. Even if State law does not protect you, there are cities that have local municipal laws that may help. For example, if you live in San Diego, there are local municipal laws that prohibit the termination of any lease that is older than 2 years. San Diego law does not make an exception for terminating any lease. Better yet, if local law gives more protection than State, State law specifically states that local law governs [Civil Code §1946.2(g)(1)(b)].

Tenants renting rooms in a home

If you are renting a room in a home, and the home isn’t owned by a corporation or LLC, you cannot have your lease terminated UNLESS you entered your lease after July 1, 2020, and were given notice in your lease or lease renewal that the property was exempt from the just cause termination requirements. To this end, your landlord was required to put the following notice in your lease or lease renewal if it was signed after July 1, 2020:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (Civil Code §1946.2(e)(8)(b)(i)).

If you signed a lease to rent a room after July 1, 2020 and the above-referenced notice was not in the lease, then the mom & pop landlord cannot terminate your lease without just cause. If you signed your lease before July 1, 2020, you are essentially out of luck, as the mom & pop landlord can terminate your lease without just cause, just so long as such termination isn’t related to the landlord illegally retaliating against you for requesting repairs, or due to the landlord discriminating against you or your family. A landlord is NEVER allowed to terminate a lease if it is for an improper purpose.

Finally, under Local law, there may be help. Even if State law does not protect you, there are cities that have local municipal laws that may help. For example, if you live in San Diego, there are local municipal laws that prohibit the termination of any lease that is older than 2 years. San Diego law does not make an exception for terminating any lease. Better yet, if local law gives more protection than State, State law specifically states that local law governs [Civil Code §1946.2(g)(1)(b)].

Tenants in hotels

Tenants who have resided at a hotel for less than 30 days do not have the right to stay long term if the hotel doesn’t want them to stay beyond 30 days (See Civil Code 1940(b)(1)).