Can a rental agreement automatically renew?

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Can a rental agreement automatically renew?

I signed a 6 month agreement with my landlord. It’s now been way over 6 months and I have to move out. He is stating that after the 6 months the contract auto renewed for another 6 months. Is this possible? I remember when we talked about it before signing the contract, he said it would just be month-to-month after the initial 6 months and now he is changing it.

Asked on May 30, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Certain leases can in fact automatically renew if there is a clause permitting this in the contract (or as here a lease). These are termed "Evergreen clauses". If there is no such clause, then generally there is no renewal. Additionally, once a residential lease ends it reverts to a month-to-month tenancy (if no new lease is signed). Furthermore, in most consumer transactions these clauses are illegal; they are deemed to be void as against public policy. In fact, the law in virtually all states specifies that residential leases cannot be automatically renewed.


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