Expired 2 year lease, now on month to month

[mcrobespecialty]

Hello!

I live in San Francisco, California. In July 2007, I signed a 2 year lease with my former roommate to rent a 2 bedroom in-law. This past August 2009, my former roommate (lets call him roommate A) moved out. I subsequently found a new roommate (roommate B) to take over roommate A's room.

My name is on the original lease and since it has expired, I am currently living here as month to month. I would like to stay as a month to month tenant and not sign a new lease. The landlord would like me to sign (by myself without roommate B's signing as well) a new lease until May 2010. I find it strange that the landlord does not want the new roommate to be on the lease and just me only. He claims because I have lived here for 2 years, he only wants to deal with me.

In any event, can I refuse to sign a new lease and stay on as a month to month tenant? We are paying rent and utilities on time and have given no other cause to be evicted. I am hoping because at the least my name is still on the old lease (although roommate A, who's name was also on the lease moved out), I can still claim that the old lease is still valid even though roommate B has moved in. Thank you for your help!

 

[Gail_in_Georgia]

Is this a rent controlled area?

Gail

 

[mcrobespecialty]

Yes it is rent controlled.

 

[Gail_in_Georgia]

In a rent controlled area in your state, a landlord cannot terminate a month to month lease without good cause:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#landlordsnoticetoend

If you have paid your rent and utilities on time you can simply refuse to sign a longer contract and your landlord will really have no reason to terminate the month to month leasing agreement.

Frankly, I wouldn't sign a longer lease with just your name on it. This would hold you totally responsible.

Gail

 

[mcrobespecialty]

Thank you. My thoughts exactly. I did not want to sign the lease by myself. And, I may just not want to stay until the end of May anyways. If I were to sign the lease and had trouble with the new roommate or want to move out, I'd have to pay everything. Thank you for your help!