Can Landlord Evict at Will After Lease Expires

[mrbryzy]

This is in regards to Los Angeles, Ca.

If I have a lease that expires 11/30 and the landlord decides he doesn't want to renew the lease can he just give me notice and kick me out? Does he need to have good reason to kick me out and prove it under Rent Control laws? I haven't created any problems for him to be able to use against me but I think he wants to get me out as soon as the lease expires. Do I have a choice or is up to the landlord?

[lawgirl123]

If your landlord wants to terminate your lease (or not renew it automatically), he needs to provide you with proper notice. If you have a year-to-year lease, 6 months notice is required. If it's month-to-month, one full month's notice is required. The notice must be in writing & delivered to you as the tenant.

If the lease ends and you continue to remain in the premises without signing a new lease or renewing, you become a "holdover tenant" so your landlord gets 2 options:

1. He can either evict you - treating you as a trespasser & evicting you under an unlawful detainer statute; or

2. He can, at his sole discretion, bind you to a new periodic tenancy (usually month-to-month).

He doesn't need to have good reason or prove anything under Rent Control laws.

Important stuff you should know:

• If your landlord tells you before your lease ends that continued occupancy will be at an increased rent, you'll be held to that new rent even if you object to it, provided the increase is reasonable.
• The "holdover tenant" classification doesn't apply if: 1) you're there just a couple hours after your lease ends, 2) delay isn't your fault (severe illness), or 3) it's a seasonal lease

Your best option is to talk to your landlord and figure out an arrangment so you don't end up homeless & evicted. Good luck!