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  1. #1

    Question Tenant Stayed Past End Lease Date

    My question involves landlord-tenant law in the State of: California

    One year lease was up on Dec 31. Tenant was notified by email 60 days prior that the lease would not be renewed. He will not move. He deposited rent in January via direct deposit but it was returned to him via cashiers check.
    What steps do I take now. Someone said I have to give him 60 day notice. What is a 3 day notice?

    Thank you

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Tenant Stayed Past End Lease Date

    A 3 day notice wouldn't apply here as it is usually to Pay or Quit. You don't want them to pay, you want them out. There are other forms of 3 day notices but they don't appear to apply here. Because they had a 1 year lease, a 60 day notice is needed. The notice has to contain certain things so the email you sent may not be considered valid. To that point, I'm not even certain email is acceptable or if it has to be in letter form. When you sent them the email, what did it say (leaving out names)?

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Tenant Stayed Past End Lease Date

    Im not sure a notice via email is valid. I recall hearing it is in some situations in California but I would check with the local courts for their view on the matter. I do not believe it typically is acceptable.



    what did the lease say to the "end of days"? did it say it converted to a month to month? Terminates unless renewed? anything?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Tenant Stayed Past End Lease Date

    If this is a true fixed term tenancy, except if a local rent control ordinance prohibits eviction without just cause, no notice to quit is required before commencing an unlawful detainer action.
    Quote Quoting When notice is NOT required
    A notice is almost always needed before filing an unlawful detainer case. But there are a few exceptions:

    Fixed term leases: If the tenant has a lease for a fixed period of time, and the lease is up and the landlord does not extend it, the landlord can file an unlawful detainer case without giving notice first. But the landlord cannot take any rent after the lease runs out or he or she will be creating a month-to-month tenancy, which requires notice to terminate.
    Quote Quoting California Civil Code, Sec. 1161.
    A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

    1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided the expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code.....
    If there is a local rent control ordinance that applies to the unit, you will need to review the terms of the ordinance.

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