I own a rental condo in San Jose. The one year lease with my tenants expired on February 22, 2015.
Per the term and language of the lease, unless I would sign another lease/agreement with them, they would have to vacate the premises.
Since my tenants were interested to continue living in the unit, I agreed to extend their stay based on month to month vs. a one year lease. I had a verbal conversation with them on February 22, 2015 about this and they agreed to month to month agreement.
Due to traveling a lot, I did not take a month to month agreement to my tenants after my conversation with them. I am to meet with them soon so that they can sign the month to month lease.
Can my tenants and I put the date of February 22, 2015, the date we agreed to a month to month lease vs. the current date when we sign the agreement?
Thank you.
Answer
You can, but it doesn't really matter. By law, if a tenant holds over with the consent of the landlord once the lease is up, they automatically convert to a tenancy at will with a term of whatever time period the rent is paid by and on the same other terms as the lease. So since pretty much every residential lease has a monthly lease payment, that converts it by law to a month-to-month. If you now want to formalize that, you can either make it effective back to 3/22 or on the date it is signed. Doesn't really matter.
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