📋 Overview: Holdover Tenants in California

A "holdover tenant" is a tenant who remains in possession of a rental property after their lease term has expired. In California, the legal consequences of holding over depend on whether the landlord accepts continued rent payments and whether the property is subject to just cause eviction protections.

What Happens When a Lease Expires?

Automatic Month-to-Month Conversion

Under Civil Code 1945, if the tenant continues in possession after lease expiration and the landlord accepts rent, the tenancy automatically converts to month-to-month on the same terms

With Landlord's Consent

If landlord explicitly or implicitly consents to continued occupancy (by accepting rent), tenant becomes a lawful month-to-month tenant

Without Consent

If landlord does not consent and does not accept rent, tenant may be liable as a trespasser and subject to immediate eviction

After Proper Notice

If landlord gave proper notice before lease expiration and does not accept rent, tenant is holdover and subject to unlawful detainer

Notice Requirements Summary

Situation Notice Required Applicable Law
Month-to-month tenant, less than 1 year 30 days written notice CC 1946.1
Month-to-month tenant, 1 year or more 60 days written notice CC 1946.1
Property subject to AB 1482 (CC 1946.2) Just cause required + proper notice CC 1946.2
Tenant staying after fixed-term with prior notice No additional notice if proper pre-expiration notice given CCP 1161
Local rent control areas Check local ordinance requirements Varies by city

AB 1482 Just Cause Eviction Requirements

For properties covered by the Tenant Protection Act (Civil Code 1946.2), landlords cannot simply terminate a month-to-month tenancy without "just cause." Just cause includes both "at-fault" reasons (nonpayment, breach, nuisance) and "no-fault" reasons (owner move-in, substantial remodel, withdrawal from rental market). No-fault terminations require relocation assistance equal to one month's rent.

For Landlords

  • Determine if property is subject to AB 1482
  • If not renewing, give notice BEFORE lease expires
  • Do not accept rent after expiration if you want to evict
  • Serve proper 30/60-day notice for month-to-month
  • Document all communications and notice delivery

For Tenants

  • Know your rights - you may have automatic month-to-month
  • Check if you are protected by AB 1482 or local rent control
  • If landlord accepts rent, you have tenancy rights
  • Challenge improper notices in writing
  • Seek legal help if you receive eviction notice

📂 Evidence Checklist

Proper documentation is critical for holdover tenant cases. I help landlords build evidentiary records that will hold up in court.

Essential Documentation

Lease Agreement

Original signed lease showing the term, expiration date, and all parties. Critical for establishing when the tenancy was supposed to end.

Notice of Non-Renewal

Copy of any notice given before lease expiration indicating landlord's intent not to renew. Include proof of service.

30/60-Day Notice

Properly drafted termination notice with correct notice period. Must include all legally required information.

Proof of Service

Declaration of service showing how and when notice was delivered. Personal service is preferred; otherwise proper substitute or posting service.

Rent Payment Records

Payment History

Complete rent ledger showing all payments received. Critical for determining whether landlord accepted rent after lease expiration.

Returned Rent Documentation

If you returned rent to avoid creating new tenancy, keep copies of returned checks and letters explaining refusal to accept payment.

AB 1482 Compliance

Exemption Notice

If property is exempt from AB 1482, copy of the required exemption notice provided to tenant at or before commencement of tenancy.

Just Cause Documentation

If property is covered, documentation supporting the specific just cause for termination. For no-fault causes, proof of relocation assistance payment.

Pro Tip: Give Notice Before Lease Expires

If you know you do not want to renew a fixed-term lease, give the tenant written notice of non-renewal at least 60 days before the lease expires (or 30 days if they have resided less than 1 year). This prevents automatic conversion to month-to-month and simplifies the eviction process.

Warning: Accepting Rent Creates Tenancy

If you accept any rent payment after the lease expires, you have likely created a new month-to-month tenancy under CC 1945. This means you will need to serve a new 30/60-day notice to terminate. Do not accept rent if you intend to proceed with eviction.

💰 Damages & Recovery

Landlords may be entitled to various forms of compensation when dealing with holdover tenants. Understanding potential damages helps in crafting effective demand letters.

Recoverable Damages from Holdover Tenants

Damage Type Description
Fair Rental Value Reasonable rental value for each day of holdover occupancy - typically calculated at the monthly rent rate
Lost Rent from New Tenant If you had a signed lease with a new tenant who could not move in, you may recover their rent
Attorney Fees If lease contains attorney fees clause, prevailing party may recover litigation costs
Court Costs Filing fees, service costs, and other litigation expenses
Property Damage Any damage caused during the holdover period beyond normal wear and tear
Storage Costs If new tenant had to store belongings while waiting for possession

AB 1482 Relocation Assistance (No-Fault Evictions)

For properties covered by the Tenant Protection Act, landlords terminating for no-fault just cause must provide relocation assistance:

Payment Amount

One month's rent, paid directly to tenant or as rent waiver for final month of tenancy

Payment Timing

Must be paid within 15 calendar days of serving the termination notice

Notice Requirements

The termination notice must state the amount of relocation assistance and how it will be provided

Landlord Recovery Options

  • Include damages claim in unlawful detainer action
  • Recover fair rental value for holdover period
  • Seek attorney fees if lease provides for them
  • Deduct damages from security deposit after move-out
  • Sue separately in small claims or civil court

Tenant Defenses

  • Landlord accepted rent, creating new tenancy
  • Notice was defective or insufficient
  • Property subject to just cause requirements (AB 1482)
  • Local rent control provides additional protections
  • Landlord failed to pay required relocation assistance

📝 Sample Demand Language

Use these templates as starting points for holdover tenant notices. Customize with your specific facts and consult an attorney for complex situations.

30-Day Notice to Terminate Month-to-Month Tenancy
THIRTY-DAY NOTICE TO TERMINATE TENANCY TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that pursuant to California Civil Code Section 1946.1, your month-to-month tenancy at the above-described property is hereby terminated effective thirty (30) days from the date of service of this notice. You are required to vacate the premises and surrender possession to the landlord on or before [DATE - 30 DAYS FROM SERVICE]. If you fail to vacate by this date, legal proceedings will be instituted to recover possession of the premises, and you may be held liable for all rents, damages, and costs of suit. [IF APPLICABLE - AB 1482 EXEMPTION STATEMENT:] This property is exempt from the just cause eviction requirements of Civil Code Section 1946.2 because [STATE EXEMPTION - e.g., "it is a single-family home, the owner is not a corporation, and you were provided written notice of this exemption as required by law"]. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME] [ADDRESS] [PHONE]
60-Day Notice to Terminate (Tenant 1+ Year)
SIXTY-DAY NOTICE TO TERMINATE TENANCY TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that pursuant to California Civil Code Section 1946.1(b), because you have resided at the above-described property for one year or more, your month-to-month tenancy is hereby terminated effective sixty (60) days from the date of service of this notice. You are required to vacate the premises and surrender possession to the landlord on or before [DATE - 60 DAYS FROM SERVICE]. If you fail to vacate by this date, legal proceedings will be instituted to recover possession of the premises, and you may be held liable for all rents, damages, and costs of suit. [IF APPLICABLE - AB 1482 EXEMPTION STATEMENT:] This property is exempt from the just cause eviction requirements of Civil Code Section 1946.2 because [STATE EXEMPTION]. Date: [DATE] _______________________________ [LANDLORD/AGENT NAME]
No-Fault Just Cause Notice (Owner Move-In)
NOTICE OF TERMINATION OF TENANCY Owner Move-In Pursuant to Civil Code Section 1946.2(b)(2)(A) TO: [TENANT NAME(S)] and all other occupants PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that pursuant to California Civil Code Section 1946.2(b)(2)(A)(i), your tenancy at the above-described property is hereby terminated because the owner [or owner's spouse, domestic partner, children, grandchildren, parents, or grandparents] intends to occupy the property as their primary residence. Termination Date: Your tenancy will terminate [30 OR 60] days from the date of service of this notice, on [DATE]. RELOCATION ASSISTANCE: Pursuant to Civil Code Section 1946.2(d), you are entitled to relocation assistance in the amount of $[AMOUNT - ONE MONTH'S RENT]. This amount will be [provided directly to you by check within 15 days of service of this notice / waived as your final month's rent]. NOTICE: The owner must occupy the property within 90 days after you vacate and must occupy it as their primary residence for at least 12 continuous months. If the owner fails to do so, you may be entitled to recover your relocation assistance amount plus actual damages. Date: [DATE] _______________________________ [LANDLORD/OWNER NAME]
Notice of Non-Renewal Before Lease Expiration
NOTICE OF NON-RENEWAL OF LEASE TO: [TENANT NAME(S)] PROPERTY: [FULL PROPERTY ADDRESS] PLEASE TAKE NOTICE that your lease agreement dated [LEASE DATE] will expire on [LEASE EXPIRATION DATE]. The landlord will not be renewing this lease. You are required to vacate the premises and surrender possession to the landlord on or before 11:59 PM on [LEASE EXPIRATION DATE]. Please return all keys and garage door openers to [LOCATION/ADDRESS] upon vacating. A move-out inspection may be scheduled by contacting [CONTACT INFORMATION]. Your security deposit of $[AMOUNT] will be returned in accordance with California Civil Code Section 1950.5 within 21 days of your move-out, less any lawful deductions for unpaid rent, cleaning, or damages beyond normal wear and tear. If you fail to vacate by the lease expiration date, you will be considered a holdover tenant and legal proceedings will be instituted to recover possession. [IF PROPERTY COVERED BY AB 1482, ADD APPROPRIATE JUST CAUSE LANGUAGE AND RELOCATION ASSISTANCE IF APPLICABLE] Date: [DATE] _______________________________ [LANDLORD/AGENT NAME]
Tenant Response - Challenging Termination Notice
[DATE] [LANDLORD NAME] [LANDLORD ADDRESS] Re: Response to Termination Notice dated [DATE] Property: [ADDRESS] Dear [LANDLORD NAME]: I am writing in response to the termination notice I received on [DATE RECEIVED]. I dispute the validity of this notice for the following reasons: [SELECT/MODIFY AS APPLICABLE:] 1. INSUFFICIENT NOTICE PERIOD: I have resided at this property for [NUMBER] years/months. Under Civil Code Section 1946.1, I am entitled to [30/60] days notice. The notice provided only [NUMBER] days. 2. JUST CAUSE REQUIRED: This property is covered by the Tenant Protection Act (Civil Code 1946.2) and/or [LOCAL RENT CONTROL ORDINANCE]. You have not stated a valid just cause for termination as required by law. 3. RELOCATION ASSISTANCE NOT PROVIDED: For no-fault evictions under AB 1482, you are required to provide relocation assistance equal to one month's rent. You have not offered this required payment. 4. TENANCY CREATED BY RENT ACCEPTANCE: You accepted my rent payment on [DATE] after my original lease expired. Under Civil Code 1945, this created a new month-to-month tenancy and you must provide proper notice to terminate. 5. RETALIATION: This notice appears to be in retaliation for my [complaint to code enforcement / request for repairs / exercise of legal rights] on [DATE], which is prohibited under Civil Code 1942.5. I request that you withdraw this notice. If you proceed with an unlawful detainer action, I will assert these defenses in court. Sincerely, _______________________________ [TENANT NAME] [ADDRESS] [PHONE/EMAIL]

🚀 Next Steps

The path forward depends on whether you are a landlord seeking to recover possession or a tenant responding to a termination notice.

Holdover Eviction Timeline

Day 0
Serve Notice

Serve proper 30 or 60-day notice (or 3-day if holdover after prior notice). Keep proof of service.

Day 30/60
Notice Period Expires

If tenant has not vacated, they are now in unlawful detainer status. Do not accept any rent.

Day 31/61
File Unlawful Detainer

File complaint in Superior Court. Pay filing fee (approximately $435-$450). Arrange for service on tenant.

+5 Days
Tenant Response Due

Tenant has 5 days to file answer or motion after being served. If no response, request default.

+20 Days
Trial

If tenant answers, request trial. Unlawful detainer trials are expedited - typically within 20 days of request.

After Judgment
Writ of Possession

If landlord wins, obtain writ of possession. Sheriff will post 5-day notice, then execute lockout.

For Landlords

  1. Verify just cause - Confirm you have valid grounds under AB 1482 if applicable
  2. Calculate notice period - 30 days if less than 1 year; 60 days if 1 year+
  3. Prepare notice - Include all required information
  4. Serve properly - Personal service preferred; keep proof
  5. Do not accept rent - After notice, refuse any rent payments
  6. File unlawful detainer - After notice expires if tenant remains

For Tenants

  1. Review notice carefully - Check for defects in form or content
  2. Verify just cause - Confirm landlord has valid reason if property is covered
  3. Check local protections - Local rent control may provide additional rights
  4. Respond in writing - Challenge any defects or invalid grounds
  5. Seek legal help - Contact tenant rights organization or attorney
  6. Negotiate if possible - Cash-for-keys or extended move-out date

Warning: Self-Help Eviction is Illegal

Landlords cannot change locks, remove tenant property, shut off utilities, or otherwise force tenants out without going through the court process. Self-help eviction can result in significant liability - up to $100 per day plus actual damages under Civil Code 789.3, plus potential punitive damages.

⚖ Attorney Services

I help both landlords and tenants navigate holdover situations. Whether you need to recover possession of your property or defend against an improper eviction, I provide practical legal guidance.

For Landlords

Service Fee
Termination Notice - Properly drafted 30/60-day or just cause notice with service instructions $450 flat fee
AB 1482 Compliance Review - Determine if property is exempt and prepare required notices $240/hr
Unlawful Detainer Filing - Prepare and file eviction complaint $240/hr
Full Eviction Representation - Notice through judgment and lockout $240/hr

For Tenants

Service Fee
Notice Review - Evaluate whether termination notice is valid $240/hr
Response Letter - Draft response challenging improper notice $450 flat fee
Eviction Defense - Representation in unlawful detainer proceedings $240/hr
Negotiated Move-Out - Negotiate cash-for-keys or extended timeline $240/hr

Need Help With a Holdover Situation?

Whether you are a landlord seeking to recover possession or a tenant who received a termination notice, I can help you understand your options.

Book 30-Minute Consultation

Contact Information

For holdover tenant assistance:
Email: owner@terms.law
Consultation Rate: $240/hour
Flat Fee Notice: $450
Book Online: calendly.com/sergei-tokmakov/30-minute-zoom-meeting