California Complaint regarding double rent damages for holdover
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FAQ
If your tenant stays past the lease term, do not accept their rent payments. Landlords that accept payments after an expired lease incur a variety of restrictions and enter a month-to-month tenancy, meaning they cannot legally treat their tenant as a trespasser and evict them.
California. In California, "if the landlord accepts rent from you after the end of your term, you will automatically become a holdover tenant" and "your new tenancy will be a periodic tenancy." [1] Under California law, a ?30 Day Notice to Quit? is required to evict a periodic tenant. [2].
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not ...
If your lease expires, the landlord has to provide you with a 30-day, 60-day, or 90-day notice to leave, depending on how long you've been renting and if you're in subsidized housing. If you've been renting for less than a year, the landlord only needs to give you 30 days' notice.
In California, a holdover rent of 150% or 200% of base rent is common. In Vucinich, the court upheld a 500% increase. Landlords, however, should be cautious with including language that purports that the holdover rent is liquidated damages or a penalty.
That said, no one should remain in the home without a lease agreement. So, instead of evicting the tenant, open the lines of communication and offer them a month-to-month lease option. Providing the tenant holding over is still paying rent, this is a great option to protect both parties with a signed agreement.
