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General Landlording & Rental Properties

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Dana R.
  • San Clemente, CA
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Fixed Lease Length

Dana R.
  • San Clemente, CA
Posted Mar 17 2015, 03:03

Are there any rules regarding the length of how long or how short a fixed lease can be with a tenant?

As long as the lease has a definite date for the beginning and end of the lease, will it be regarded as fixed lease regardless of how short it is?

Or, is there a minimum number of days it has to meet to be a fixed lease? I've always heard about a year long fixed lease but nothing shorter than that.

When my tenant's one year lease ends, I will be out and so I would like to extend the lease for two weeks until I will be back. But, if I let the lease simply roll over, then I'm afraid that it would make it a month to month tenancy and then I'd have to give him a 60 day termination notice even though I want him out as soon as possible.

So, I need to know if there would be any issues if I got the tenant to sign a new lease that's only two weeks long with defined dates.

Because he was on a new short lease after this one year lease expires, then I don't need to give him that 60 day notice?

The original lease would have ended in the middle of a month and the new two week lease would have extended the tenancy to the end of the month.

With the two different leases, the original year long lease and the two week long lease, should I insist that I get two separate payments for each lease? 

Or, will there be any problems if the tenant pays a single check for that month?

Right now, I have a direct deposit with the tenant. But, if the tenant pays the full month's rent even though the year long lease would end in the middle of the month, could the tenant claim I had accepted payment and it was thus a month to month even if he signed the new two week fixed lease?

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