Month to Month Lease

[Rachel Riccobono]

Hi. My husband and I are under contract to purchase our first SF rental property. We will be inheriting tenants that are month-to-month. The written one year lease ended in April of 2017. The clause in the contract about "Holdover by Lessee" states "Should Lessee remain in possession of the demised premises with the consent of the Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee..." Does this mean there is an implied legal tenancy with no need to have them (tenants) sign anything or is additional paperwork/signatures needed every month? The clause doesn't specify. It does say 30 days written notice is required by both the Lessor or Lessee if the lease is to be terminated. Thank you for your help!

[Ray Harrell]

Yes, they are on a month to month lease as agreed to on the original written lease. If you want to implement a new lease, or would like them to move, you would have to give them 30 days notice to vacate, or 30 days notice of a new lease. The new lease can be anything you want as long as you are in compliance with the law. As it stands now, you can technically change the terms of your arrangement every month with 30 days notice.