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In a month-to-month tenancy, can I artificially create a 6-month lease by lumping 6-months of rent into one check?

San Marcos, CA |

I have been in my leased condo for a term of 1-yr. Now that year 1 is expiring, the landlord is requiring a co-signer to renew a lease for 1-year. I'm now being forced into a month-to-month tenancy which is very dangerous for us being students and parents. It's impossible to get a co-signer as we have no family. Is there any way I can artificially/unilaterally create a lease? Paying a lump sum instead of the regular rent? There must be a creative solution to this whole mess!

Attorney Answers 1

  1. The month to month lease you have, can not be unilaterally extended by you.
    If the landlord accepts six months in advance, he appears to waive his right to have a one month lease, and you should be able to stay for the length of the prepayment.

    Having the ability to prepay six months sounds like an attractive incentive for a landlord, and should be presented to the landlord, along with your promise to pay in advance when that 6 month term is completed, as incentive for entering into a 1 year lease at the present time.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.