CAN A LEASE AGREEMENT BE RENEWED AUTOMATICALLY?

Sections 1945 and 1945.5 provide:

1945. If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year.

1945.5. Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real property which provides for the automatic renewal or extension of the lease for all or part of the full term of the lease if the lessee remains in possession after the expiration of the lease or fails to give notice of his intent not to renew or extend before the expiration of the lease shall be voidable by the party who did not prepare the lease unless such renewal or extension provision appears in at least eight-point boldface type, if the contract is printed, in the body of the lease agreement and a recital of the fact that such provision is contained in the body of the agreement appears in at least eight-point boldface type, if the contract is printed, immediately prior to the place where the lessee executes the agreement. In such case, the presumption in Section 1945 of this code shall apply. Any waiver of the provisions of this section is void as against public policy.

WHAT ARE THE TIME LIMITS WHEN A LEASE OR AGREEMENT IS TERMINATED?

Editor’s Note: This question and answer section was prepared in response to frequently asked questions by members and students in our various educational programs. All language is taken directly from the California Civil Code. The outline format differs from formal English grammar outline because the Code mirrors annual changes in the law with numerous additions and deletions written by various state senators and assemblymembers. Additional legal resources are listed at the end of this
special section.