1022 – Lease Renewal vs. New Contract Misclassification

Text Message and Legal Analysis – April 26 2024

Lease Renewal Request Text

Summary

On April 26 2024, property manager Hanson Le sent a text stating: “Good morning Mr Gasio, Please check your email to review and sign our renewal lease agreement.” This message was issued while the prior two-year lease was still active and before any valid written renewal offer or 30-day notice period. In practice, this “renewal” was treated as a new contract lease, eliminating accumulated tenant protections under AB 1482 and creating a false appearance of voluntary re-entry.

Legal Framework

Court Definition Summary

FeatureLease RenewalNew Contract Lease
Legal relationshipCreates a new tenancy continuing the same property relationship.Creates a completely fresh landlord-tenant contract.
Terms and conditionsMay adjust rent or duration but preserves prior history.Resets all terms, conditions, and obligations from zero.
Tenant protections (AB 1482)Remain in force if tenancy exceeds 12–24 months.Reset; protections restart after 12 months.
Required notice30 days for renewal offer or non-renewal.Full re-screening and new lease execution.

Violation Summary

By presenting a “renewal lease agreement” while the existing lease was still active, Hanson Le effectively initiated a new contract lease disguised as a continuation. This maneuver stripped the tenants of accrued rights and violated the notice and continuity provisions of Civil Code § 827 and § 1945, as well as the spirit of AB 1482. The action also undermines implied renewal protections once rent was accepted for May 2024 under the prior contract.