Legal Question in Landlord & Tenant Law in California

Lease Agreement Expired

My tenants lease is up on 3/15/08. They do not want to renew under my circumstances. There is not an ''auto-renewal'' clause in the lease. Do I have the right to make them move out on 3/15? Also, if any of their belongings are left there, legally what can I do with those items?

Thank you!


Asked on 3/12/08, 2:56 pm

3 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Lease Agreement Expired

No notice is necessary, but you have to follow certain guidelines regarding the "stuff".

Simply, you can't do anything for 15 days, although you can collect rent for it.

Good luck!

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Answered on 3/15/08, 6:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lease Agreement Expired

You would have to give them a 30 or 60 day notice to quit, depending on the length of their tenancy, assuming that they do not live in a rent control/stabilization area. If they don't move out in that time, then you would have to file an unlawful detainer lawsuit against them in their local court.

If they do move out but leave personal property behind, the Civil Code contains provisions on how to deal with the stuff. There are certain timelines set out in that code.

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Answered on 3/12/08, 3:28 pm
Larry Rothman Larry Rothman & Associates

Re: Lease Agreement Expired

You can not use self-help to remove your tenant. Since the lease expires, no notice is necessary. We can help you file an unlawful detainer the day after the lease expires.

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Answered on 3/12/08, 3:47 pm


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