By the California Civil Code, a landlord can terminate a month-to-month tenancy for any reason, simply by serving notice. The notice period is either 30 days or 60 days, depending on how long you have occupied the property. The notice does not have to say why the landlord wants you to move out.
How does a landlord terminate a month-to-month lease in California?
A month-to-month tenancy may be terminated by either the landlord or the tenant simply by giving written notice from one side to the other. Unless the rental agreement or lease provides for a different time period, the notice to terminate must be given to the landlord at least 30 days before the tenant moves out.
How does bankruptcy affect a landlord?
No. As long as you’re current with your rent payments and haven’t violated any other terms of the lease agreement, the landlord can’t evict you just because you filed bankruptcy. If you’re behind on rent payments when your case is filed, the automatic stay prevents the landlord from evicting you – at least temporarily.
Does a lease automatically go month-to-month in California?
In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term. At the end of each month thereafter, the agreement renews automatically for themselves in perpetuity, as long as you the tenant remains in possession of your home.
Can I evict a month-to-month tenant in California?
If you are evicting a tenant from a month-to-month lease, you will need to give the tenant a 30-day notice to move out. If the tenant has lived in the unit for more than one year, the notice must be extended to 60 days.
Can you rent after bankruptcy?
Most people will qualify for a rental within three months of a bankruptcy discharge. It is possible to rent or lease after bankruptcy–and depending on how you handle your fresh start, it may even be possible to become a homeowner again without waiting seven years.
How long can a tenant stay after the lease expires in California?
An annual lease like yours terminates at the end of one year. You have no automatic right to an additional sixty-day notice to vacate. Your duty to vacate is implied by the existence of a lease, especially if the lease itself does not contain notice language.
Do I have to give my landlord 30 days notice in California?
Notice Requirements for California Tenants Unless your rental agreement provides a shorter notice period, you must give your landlord 30 days’ notice to end a month-to-month tenancy. Be sure to check your rental agreement which may require that you give notice on the first of the month or on another specific date.
