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A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.
Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.
A landlord can simply give you a written notice to move, allowing you 30 days (60 days if you've lived in the rental a year or more) as required by California law and specifying the date on which your tenancy will end.
If the lease expired and the tenant won't leave you'll need to either file an eviction or let the tenant be. If you do nothing than the tenant will become a holdover tenant as discussed earlier in this post. If you're going to proceed forward with an eviction be sure to follow all the proper legal procedures.
At-will tenancy is subject to the will of both the tenant and the landlord (hence the name). In other words, the tenant can choose to leave and stop paying rent at any time, and the landlord can choose to stop accepting rent and ask the tenant to leave at any time.
Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)
You can immediately file an eviction if the tenant refuses to leave the property. However, this is likely only the case if you did not accept any additional payments. If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices.
Dear your landlord or property manager's name, I am writing to inform you I will be vacating my rental unit on date you intend to vacate. This letter meets the 30-day notice requirement outlined in my lease agreement.
A termination notice has to give the tenant 14 clear days before the tenant has to leave the residential premises. The day the notice is served on the tenant and the day the tenant moves out do not count as part of the 14 days.