Legal Question in Real Estate Law in California

Re: 30-day notice to terminate a lease

This will depend on your lease--most state that the lease automatically renews as a month-to-month tenancy until 30 day notice is given, so you're likely correct, but you'd have to read the lease to be sure.

Re: 30-day notice to terminate a lease

I would like to expand upon the previous answer. Civil Code section 1945.5 authorizes automatic renewal provisions in residential leases under certain conditions. If the lease contains such a provision and its type-size and format meet the legal requirements, it may be enforceable according to its terms.

Otherwise, a fixed-term lease simply expires at the end of the term. The tenant can move out at the end of the fixed term without giving any notice whatsoever. If the tenant remains and pays, and the landlord accepts, rent, the tenancy then becomes month-to-month. See Civil Code section 1945. This happens frequently, but ultimately if the tenant wants to leave at the end of the fixed lease term he can, with or without notice. See Civil Code section 1933.

At the end of a fixed-term lease, a tenant who remains in possession is a 'tenant at sufferance' and as I understand Code of Civil Procedure section 1161(1) may be evicted at once, without notice, unless rent is tendered and accepted; the landlord must still file and win an unlawful detainer action in order to have the tenant forcibly evicted.

Finally, much of the foregoing may be modified by a local rent-control ordinance, if any.

Re: 30-day notice to terminate a lease

I agree with Mr. Whipple's answer. If the lease is for a set term, or expires on a set date, then no other notice is required. He could actually have not told you anything and just moved out on the last day of the lease.

If he's there the day after the lease expires, then he's caught for another month.

As a landlord myself, I don't find it worth the effort to argue over a few days here or there. Especially if the rental market is appreciating; then it is in your interest to have him move with as little fuss as possible. Clean the place and rent it again for another fifty bucks a month!

In the long term, if you get a reputation for screwing tenants that move, it will lower the class of tenants you have. Word of mouth is worth a lot!

rkr