What if we leased a retail space but now 2 days later the landlord wants to cancel the lease?

The lease is month to month and we paid $10,000 deposit with $2,500 monthly rental and now the landlord wants to raise monthly charges to to $4,000.

Asked on January 21, 2013 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The landlord cannot cancel on 2 days notice--but he may terminate the tenancy on a month's notice, since the ability to do so is what defines a month-to-month rental. If he terminates the tenancy, however, he can then refuse to continue renting to you unless you agree to a higher-rate going foward; thus, he can effectively raise your rent on a month's notice. Unfortunately, month to month leases offer effectively no protection to tenants.


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