I have a question about California Civil Code 827. I have lived in an apartment in San Jose, California for a number of years. I am not cove...

Question

I have a question about California Civil Code 827.

I have lived in an apartment in San Jose, California for a number of years. I am not covered by rent control because I live in a newer apartment.

I currently have a written month-to-month agreement. If my landlord wanted to change my month-to-month agreement to a year lease, can my landlord do this unilaterally without my consent?

In other words, can my landlord serve me with a notice saying that my tenancy is changed from a month-to-month to a one year lease pursuant to Civil Code Section 827?

Or does my landlord have to obtain my written consent to change my month-to-month agreement to a year lease?

Answer

You both would have to agree on making it a fixed term lease.