California Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Pursue the eviction process. Holdover tenancies, under the law, are often treated like month-to-month tenancies. You can evict a holdover tenant for a variety of reasons but must always give them a 30-day notice of eviction.

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.

A ?holdover? is when a tenant remains in possession of a rental unit without the consent of the landlord after the terms of the lease have expired or termination of the tenancy. A landlord may recover holdover damages from the renter for the tenant's failure to vacate the unit within the required time frame.

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].

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.

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.

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California Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term