Legal Question in Landlord & Tenant Law in California

I am a landlord and have a lease with my tenant, it will end on June 5th. My rental property is in Fremont, CA.

When I ask my tenant about the plan, they prefer switch to month to month rent.

I am seeking for long term tenant, and not considering month to month.

What should I do right now? What is the timeframe I need to tell them to move out,thanks.


Asked on 5/12/11, 7:53 pm

1 Answer from Attorneys

Most leases contain a roll-over provision so that it turns to month to month at the end of the lease. So for starters you need to read your lease carefully. If it contains such a provision, you must give them 30-days notice to move out, if they have been there less than 12 months, or 60-days if they have been there more than 12 months by the end of the lease. If there is no roll-over provision, you have no specific deadline, but the sooner you tell them that they will be trespassers at the end of the lease, the easier it will be on everyone. Then if you want to move them out, do not accept rent for any time past the end of the lease, and file an unlawful detainer as soon as the lease is up.

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Answered on 5/12/11, 9:13 pm


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