u/Accomplished_Ad_4364

▲ 5 r/Tenant

[CA] Lease auto-converts to month-to-month. Does a 39% rent increase require 90 days’ notice?

I’m in San Diego. My lease expires 8/6 and automatically converts to month-to-month if I don’t renew.
On 7/3, I received these renewal options:
9-month lease: $2,335
Month-to-month: $3,195 ($2,945 base rent + $250 MTM fee)
My current rent is $2,295, and I’ll be declining the 9-month lease.
The property is exempt from AB 1482, so my question is only about the notice requirement.
Since the lease automatically continues month-to-month, doesn’t California Civil Code § 827 require 90 days’ notice before a rent increase of more than 10% can take effect? Or is this considered a new tenancy because the fixed term is ending?
Has anyone dealt with this or know of any California cases or authority on point? Thanks

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u/Accomplished_Ad_4364 — 2 days ago