Legal Question in Landlord & Tenant Law in California

Is the tenant in California required to notify the landlord with a thirty day notice if the lease has only an expiration date?

My lease expires on 2/28 and my tenant notified me on 2/21 their intention to leave. I had contacted them on 2/2 asking them about their decision to renew the lease. Our lease agreement was made by a rental agency and has an expiration date but no clause stating that the landlord needs to receive a 30 day notice. Is the tenant obligated to give a landlord atleast 30 day notice or can they walk without it.

We are thinking of going to the small claims court, but an not sure if we have a strong case.


Asked on 2/25/10, 8:57 pm

1 Answer from Attorneys

Most leases have a provision that the lease converts to a month-to-month rental agreement at the end of the term. Others require the tenant or landlord to give notice of intent to end or renew the lease a certain time before the end of the lease. If you had such a provision the tenant would be required to give you the 30-days or other specified notice. If your lease is completely silent, then the tenant is not required to give you any notice. Only if the tenant continues to occupy the unit past the term with the landlord's consent, or the landlord accepts rent past the term, does the law convert the lease to a tenancy at will in the absence of language in the lease.

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Answered on 3/02/10, 9:16 pm


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