This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
San Diego California Addressing Holdover Tenancy in a Lease
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Multi-State
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San Diego
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US-OL24031
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FAQ
A landlord can evict a tenant after a lease is up if the lease is a fixed-term lease, or a lease for a specific period of time. The landlord does not have to give notice in this scenario. The landlord may file an unlawful detainer (eviction) case without giving notice first.
The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
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.
It doesn't matter if your lease has expired In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term.
Treat the tenant as a trespasser and evict them. Usually, the holdover tenancy is treated as a month-to-month tenancy, so you would have to give your tenant a 30-day (or however long the rent payment period is) notice of eviction.
Though landlords must scrupulously respect tenants' rights, one thing they don't have to do is automatically renew tenant's leases. In fact, except for discriminatory or retaliatory reasons, landlords of rental properties can refuse to renew tenant leases as it suits them.
A landlord can evict a tenant after a lease is up if the lease is a fixed-term lease, or a lease for a specific period of time. The landlord does not have to give notice in this scenario. The landlord may file an unlawful detainer (eviction) case without giving notice first.
A landlord may legally terminate a lease if a tenant significantly violates its terms or the law -- for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property, or participating in illegal activities on or near the premises, such as selling
A tenancy at will can be terminated simply by either party letting the other know that they wish to end the tenancy, including by the tenant giving up possession or the landlord demanding it.
A holdover occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.
