Tenants should refer to their leases to see if there are any discrepancies between the document and the oral agreements with the lessor. (Courtesy photo) However, if the rental document does not contain a merger clause, the lessor could argue that there was an oral contract obliging tenants to pay monthly for water and refer to the emails of roommates requesting water bills to prove the nature, existence and/or terms of that contract. In this scenario, your daughter could still make a “waiver statement” against the owner`s claims. The contracting parties may waive certain contractual rights by not acting accordingly. In this regard, your daughter could argue that her landlord, who has not submitted monthly bills in the past two years, has waived any right to now demand payment of that bill. Typically, landlords require tenants to sign a lease if they agree to rent an apartment. In California, the Department of Consumer Affairs notes that leases of one year or less can be entered into orally or in writing. Leases with a duration of more than one year must be concluded. Since California doesn`t require landlords to use a standard rental agreement, you can create your own. In most cases, it`s up to you to decide what you want to lock up.
However, the coverage of several important bases offers protection and security to landlords and tenants. If your landlord simply wants you to sign an extension of your lease without changing the terms of the agreement, refusing to sign can result in eviction threats. On the other hand, a tenant has the right to sign a new lease if it contains significantly different conditions. If you have a one-sided lease agreement and your landlord asks you to sign a new thirty-page lease, you can (and should) probably refuse. Regardless of what the periodic lease or lease says, the DCA reminds tenants that they have fundamental legal rights in California. For example, the evacuation process is strictly controlled in California, especially in large cities like San Francisco. In San Francisco, a landlord can only distribute one tenant for one “right reason” out of 15. These include “non-payment of rent”, “usual late payment of rent”, breach of the rental agreement or the possibility for an illegal tenant to occupy the unit, for example. B a part which is not included in the rental agreement. The San Francisco Rent Board (SFRB) reports that between March 1, 2009 and February 28, 2010, landlords distributed 1,269 eviction notices throughout the city.
But what happens if someone buys the building where you live? The answer is that it doesn`t matter. The new owner is bound by the same conditions. Tenants do NOT have to sign a new lease. When a building changes ownership, all existing agreements are transferred to the new owner without modification. A common question we receive from tenants is whether or not they should sign a new lease.