California Landlords: When is notice to terminate a tenancy NOT required?

Under most circumstances, the California landlord must give the tenant with proper notice to terminate the tenancy.  This may be in the form of a 3 Day Notice to Pay Rent or Quit, a 3 Day Notice to Perform Covenant or Quit, a 3 Day Notice to Quit, or a 30/60 Day Notice to Terminate Tenancy.

In some circumstances, however, the California landlord need not provide the tenant with any prior notice to terminate tenancy.  If the tenant remains in possession, the California landlord may immediately commence legal proceedings to evict the tenant.

When notice is NOT required:

  • 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.
  • The landlord accepts the tenant’s notice to end the lease: If the tenant gives the landlord notice that he or she will be moving out, but he or she does not, then the landlord can file an unlawful detainer case right away.
  • The tenant works for the landlord and lives on the property as part of the job: The landlord can file an unlawful detainer case without notice as soon as the tenant does not work for the landlord anymore.

Caution: In a rent controlled city, the landlord may not be able to evict a tenant when the lease is up unless the landlord has a good reason (“just cause”), to file an eviction case.  The landlord will probably need a notice in that case.

For additional information, visit the Law Office of David Piotrowski.

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This article is courtesy of the Law Office of David Piotrowski, a California law firm representing landlords with eviction matters.

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The Law Office of David Piotrowski

represents California landlords.

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