Legal Question in Landlord & Tenant Law in California

Lease ended on 1/2/14 with no option to renew on a yearly lease. On 12/20/13 LL charged my tenant account for the full amount of January rent even though I am supposed to be out by the 2nd. Lease states that tenants who stay beyond the end of lease agree to a month to month tenancy. I am okay with this so I pay funds cleared my account on the 21st of Dec. 1/3/14 LL sends email asking why I didn't move and says he is now charging me the month to month rates. I have lived there for 3 years.
Can he still force me out before the end of January at this point through a holdover proceeding?
He charged me for the full month
Lease allows conversion to monthly if I stayed. Which he confirmed through his email.
I paid for the full month and no payment has yet to be returned rejected.

Asked on 1/04/14, 8:08 pm

2 Answers from Attorneys

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Once the lease ended but the landlord accepted rent for the following month, both by law, and according to you the lease terms, you became a month-to-month tenant. Since you have been there three years, that means that he must give you 60-days notice of any material change in the lease terms. If he wishes to force you out, he must also give you 60-days notice that he is terminating the tenancy, and cannot accept rent for any time past that 60 days.

Answered on 1/05/14, 10:41 am

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