If rent is paid every quarter every three months , and the landlord accepts a three-month payment, then the periodic tenancy would be three months. Therefore, if you have paid three months in advance, the landlord, without some legal cause other than seeking return of the premises to sell, must let you continue to enjoy the tenancy for the period already paid. Pursuant to Civil Code Section , at-will tenants cannot be dispossessed instantaneously. California Code of Civil Procedure Section provides that notice can be provided in one of several ways including personal service upon you, service upon someone over age 18 who resides in your premises and, if you cannot be located or served through another as described above, then by conspicuous posting on the premises usually nailed or taped to the front door.
So, Jared, it appears that your lease converted to an at-will periodic tenancy with a month-to-month duration. Talk it over with your landlord. Many times, people renting their own home, not professionals, are unaware of these regulations and simply make a mistake. Perhaps showing your landlord this article will help your landlord better understand your rights and his obligations.
Christopher B. Dolan is owner of the Dolan Law Firm. Email questions to help dolanlawfirm. Skip to content. Because of this, at-will tenants may not be evicted from their home without advance notice and adequate time to locate and arrange for new accommodations.
Landlord-tenant laws differ between states, but in many states, the landlord is required to honor all the terms of the expired lease in an at-will tenancy other than the duration of tenancy. Because of this, prior agreements, such as rent payment procedures, access to property and rent rates, remain in effect. If a lease expires and both parties wish to extend the lease agreement, a new lease may be crafted to replace the expired one. If both parties renegotiate a lease, some terms may change in the new lease.
It refers to leases with no fixed term or end date. The lease agreement remains binding until either the landlord or tenant gives notice that the tenancy is over. So long as the rent keeps coming, the lease remains in effect. Periodic leases are either weekly or monthly. Your tenancy becomes period if you accept rental payments from a holdover tenant. Preventing vacancy is a significant positive, but you lack the stability and legal protection of a binding lease agreement.
If you live in a state where you can raise the rent for a periodic tenancy with enough notice, then you could use the possibility of a rent increase as leverage to get them to resign their lease. Otherwise, your tenant will have to either agree to pay the new rental price or vacate by the date on the notice. Rent can be accepted while still wanting the tenant to leave. In some states, this makes the eviction process harder since the tenant is no longer thought to be committing trespassing.
One option for getting an unwanted holdover tenant to leave is cash for keys. The advantage of this method is that, if it works, it requires minimal effort. Use the threat of eviction as leverage if need be. However, doing so can be a positive contribution to the real estate investor community. You can just confirm that you had the person in question as a tenant.
If they were evicted, then the eviction would turn up on their eviction history check. No need to open yourself up to any legal liability by saying too much. As soon as your holdover tenant is out, you should begin the property turnover process. Have your team in to clean, put up a great rental listing , and start doing showings. Consider self-showings to get a tenant in even faster.
Most property management companies keep approved applications on file for 30 days. Going the route of cash for keys or a rent increase may be all the leverage you need to free up your rental unit.
The security of a formal lease agreement is simply too much to compromise on. Follow us on Social Media to receive realtime updates.
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