Legal Question in Real Estate Law in California

Eviction

Can a landlord kick you out of a rental home if your lease has come to an end and you have not signed a new lease but continue to pay the monthly rent agreed upon in the original lease?


Asked on 4/03/07, 12:33 pm

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Eviction

You lease converted to a month-to-month rental agreement. Unless you are subject to local rent control laws, the landlord can ask you to move or increase the rent upon sufficient notice.

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Answered on 4/03/07, 12:41 pm
Simina Ploscar The Law Firm of Simina A. Ploscar, Esq.

Re: Eviction

If the landlord accepts the monthly payments there is a waiver of signing a lease agreement and you are in a so called "periodic tenancy" and it is an implied created tenancy. However, the landlord can terminate tenancy if gives notice 30 days in advance. Should you need more help, please don't hesitate to contact my office.

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Answered on 4/03/07, 1:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Eviction

When a landlord continues to accept rent after a long-term lease expires, the lease becomes a month-to-month rental on the previous terms and conditions except for the duration. (Be sure to re-read the expired lease, because it may have provisions that would cause a different result!)

See Civil Code section 1945.

The new tenancy can be terminated and you can be evicted upon the landlord complying with the usual notice requirements that apply to month-to-month tenancies in general. This assumes your community has no stricter rent-control or anti-eviction ordinance.

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Answered on 4/03/07, 1:09 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Eviction

yup, upon 30 days notice.

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Answered on 4/03/07, 3:44 pm


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