Civil Code 789 – Terminating a Tenancy at Will in California

This article will outline the method for terminating a “tenancy at will” in California per California Civil Code 789. A tenant at will is a person who occupies the property with the landlord for an indefinite period of time and who doesn’t pay rent. Covina Manor v. Hatch (1955) 133 CA2d Supp 790. One example of a tenancy at will is when a family member allows another family member to live in the house without any type of agreement and without paying any rent.

If a tenant at will refuses to vacate the property when asked to do so by the landlord, the landlord must go through the eviction procedures. The first step in terminating a tenancy at will in California is to properly serve the tenant with a 30 day notice per Civil Code 789. If the tenant at will still doesn’t move by the expiration of the 30 day notice, the landlord will need to proceed to filing the unlawful detainer (eviction) case at the court.

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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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