Legal Question in Real Estate Law in California

Lease laws

Is it grounds for an eviction if the tenant chooses

not to renew a year long lease, but go to a month to month?


Asked on 4/28/02, 12:32 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Lease laws

It should not be grounds for eviction, but the landlord can give you a 30-day notice to terminate the tenancy, as it is month-to-month.

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Answered on 4/28/02, 2:04 pm
Larry Rothman Larry Rothman & Associates

Re: Lease laws

When you are on a month to month tenancy, a landlord can give you a 30 day notice for any reason, unless its for a wrong reason such as retaliation. You indicate that you are being evicted meaning to me that an unlawful detainer action has been filed. Withou such a notice, the unlawful detainer is improper.

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Answered on 4/29/02, 6:57 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Lease laws

The grounds for an eviction on a month to month lease are 30 days notice. Looks like you got what you asked for. However, if the landlord has not given you 30 days notice, then the eviciton is probably illegal assuming you are current on your rent.

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Answered on 4/28/02, 7:55 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Lease laws

It is not the basis for an eviction, but the landlord does not have to rent on a month to month basis. He will be required to give you 30 days notice if you "hold over" past the end of the lease period. Then, if you don't move, he can start eviction proceedings.

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Answered on 4/29/02, 10:51 am


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