Residential lease agreement was begin on July 2010 and expired on June 2011, but the tenant lived there until June 2013, without a new lease agreement. After expiration date on July 2011, my tenant lived in my home month to month basis. Do you think my lease agreement is still valid to sue them in court? Can I still use the expired lease agreement and sue the tenant for unpaid rent and damages? Are the provisions of the lease agreement still enforceable? My tenant owes me about $20,000 for unpaid rent and damages. I can be reached at 510-619-8442. Thank you.
Construction / Development Lawyer
Once a lease expires, it typically converts to a month to month tenancy. The general provisions of the lease will still apply, except that now either the tenant or the landlord can end the tenancy on 30 or 60 day notice.
If your tenants have not paid rent, then you can serve them with a three day notice and then an unlawful detainer lawsuit. The terms of the lease will be relevant and applicable in any dispute regarding the rent or tenancy.