Updated on September 7, 2021
Beginning the eviction process in California can be confusing. Landlords are faced with questions: is notice needed, how much notice is needed, etc. Here, we discuss situations where a landlord is permitted to use a 30/60 day notice to terminate a lease involving residential property? Here are a couple of steps to help guide you:
This not generally viewed as a tenancy for a fixed term that is periodically extended, but rather as a tenancy having no fixed term that continues indefinitely until terminated. Silveira v. County of Alameda (2006) 139 Cal. App. 4th 989. The exception here is a month-to-month tenancy that can be terminated upon a tenant’s death. See ¶ 7:326.
This type of tenancy is created to continue for successive periods of the same length unless terminated by notice at the end of one of those periods. The reservation and payment of rent at specified periods determine the duration of the successive terms. Camp v. Matich (1948) 87 Cal. App. 2d 660.
A tenancy at will arises when the tenant takes possession of the premises with the landlord’s permission, but for no stated term and without provision for payment of rent. Covina Manor, Inc. v. Hatch (1955) 133 CA2d Supp. 790, 793, 284 P2d 580, 582.
(holdover tenancy): This type of tenancy arises when a tenant who had a lawful right of occupancy continues in possession, without the landlord’s consent, after expiration of the rental term. Gartlan v. C.A. Hooper & Co. (1918) 177 C 414, 426, 170 P 1115, 1120.
With lodgers, the landlord-tenant relationship is distinguished from the relationship between a hotel or lodging house proprietor and a guest or lodger. The right to possession is the basis for the distinction. A tenant has exclusive possession, whereas a lodger has merely the use of the rooms, with the proprietor retaining the exclusive possession. Stowe v. Fritzie Hotels (1955) 44 C.2d 416, 421.
The California legislature recently passed the Tenant Protection Act of 2019 enacting 1946.2. This became effective on January 1, 2020. Under the Tenant Protection Act of 2019 (Civ.C. § 1946.2), landlords must not terminate a tenancy without just cause where the tenant has continuously and lawfully occupied a residential real property for 12 months. [Civ.C. § 1946.2(a)]
1. Rent control
2. Section 8
Whether or not you are entitled to terminate a tenancy will vary on a case by case basis. We recommend hiring an attorney to assist you in making this determination. Our real estate lawyers Los Angeles at Schorr Law we have extensive experience in dealing with landlord/tenant issues. To schedule a 30-minute consultation regarding your matter, please contact us for assistance in filing your Unlawful Detainer Lawsuit.
**Please be advised, this segment does not take into account the current housing restrictions that have been put in place due to Covid 19 by the state of California.