Unfortunately, landlords can ask tenants who are not protected under Just Cause to leave the property when their lease is up.
To end a month-to-month lease, the landlord must give you at least 30 day notice in writing. If you have lived in the unit for one year or more, your landlord must give you at least 60 day notice. If you have broken your lease or haven’t paid rent, however, this notice only needs to give 3 day notice (see “You Received a 3-Day Notice to ‘Pay Rent’/’Perform Covenant’ or Quit”). If you do not leave by the end of the time stated on the notice, your landlord can file an eviction lawsuit with the court.
Note that even if you landlord has the legal right to evict you this way, you can always try to negotiate for more time.
For example, you can say you will leave without resisting if you are given an additional three months. Get all agreements in writing.
To end your tenancy after a 1 year (or any fixed period, such as 6 month or 24 month) lease, your landlord technically does not have to tell you ahead of time. You should assume you will have to leave at the end of your lease unless your landlord says in writing that you can stay past the year. If you do not receive confirmation that you can stay, you could potentially receive an Unlawful Detainer at the end of your lease. You would not have to receive a notice to quit (3-day, 60-day) first, as you would in other cases.
However, if your landlord accepts rent from you after the 1 year term is over, you become a month-to-month tenant. Once you have transferred to a month-to-month lease, you must be served a 60-day notice or a 30-day notice as described above.
If by the end of the time stated in the eviction notice you have not left the unit or reach a written agreement with your landlord to stay in the unit, your landlord can take the eviction process to court.
If you receive an unlawful detainer , make sure you get help immediately.
Join us at an upcoming Know Your Rights workshop to learn more and connect to other tenants fighting for their rights.