Legal Question in Landlord & Tenant Law in California
Renting without a lease
Is it unlawfull for a landlord to accept rent from a tenant when the lease has expired and there was not a month to month (tenancy at will) clause? Is the tenancy at will automatically implied at the termination date of the lease?
1 Answer from Attorneys
Re: Renting without a lease
Upon the expiration of a term lease, unless explicitly stated otherwise in the lease, the tenancy becomes a month-to-month lease on the terms of the original lease. The landlord must, after the term lease expires, give a sixty day notice (unless the tenant has lived in the property less than one year) to terminate the tenancy, where the tenant may give 30 days notice to terminate the tenancy. The landlord may also change the terms of the lease on thirty days notice.
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