Legal Question in Real Estate Law in California

Tenant does not leave after lease termination

At the end of a 6 months lease, (in the subsequent mointh-to-month period) Tenant expressed the wish to terminate the tenancy at a certain date. One week before this date, Tenant wanted to extend the tenancy again by 2 weeks.

I (landlord) agreed to the extension but stated that I did not want to extend anymore after this date. This was sent to the Tenant in an e-mail and registered letter.

At the expiration date, Tenant does not leave the premises and wishes to extend again. Rent for the current month had not been paid.

How do I ensure that the Tenant leaves the property ?

Would a 3-day notice work ?

Or should I go through an unlawful detainer action ?

Should I have sent a formal 30-day termination notice, even though the tenant already sent a termination notice ?

What is the next step for me ?

Thank You


Asked on 8/10/05, 1:52 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Tenant does not leave after lease termination

Unless you're in a rent controlled area, you can terminate the tenancy at any time on 30 day's notice (60 days if tenant has been there over 12 months). If tenant has not paid rent for this month, serve a three-day notice to pay or quit. If he pays within the 3 days, serve a 30 day notice to quit. If he remains in possession, you'll have to evict him by court proceedings. Good luck.

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Answered on 8/10/05, 11:25 am


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