How can a lease be terminated under California law?

A fixed term lease is terminated in accordance with the provisions of the lease. Typically, the lease cannot be terminated before the expiration of the lease term. If a tenant remains in possession of the property at the end of a fixed term lease, and continues to pay rent, and the landlord accepts the rent, the tenancy is presumed to be renewed on a month-to-month basis. Otherwise, the landlord is entitled to possession at the conclusion of the term and may bring eviction proceedings if the tenant fails to move out.

A tenant wanting to terminate a month-to-month tenancy must give 30 days written notice. If a landlord wants to terminate a month-to-month tenancy, the landlord must give 60 days written notice prior to the termination date if the resident has been in possession of the rental unit for 1 year or longer. If the tenant has been in possession of the property for less than 1 year, the landlord can give a 30-day notice.

On what grounds can a landlord evict a tenant in the State of California?

The landlord can bring an eviction action if the tenant: (i) failed to pay the rent, (ii) violated a provision of the lease or rental agreement, (iii) materially damaged the property, (iv) committed a nuisance, (v) used the property for an unlawful purpose, or (vi) if a tenant holds over in possession after the expiration of a fixed term lease. A landlord may not evict a tenant for breach of a lease provision other than failure to pay rent, unless the provision breached is in writing and signed by the tenant. So if there are restrictions such as no pets, no subletting, etc., these should be included in a written lease or rental agreement.

If a tenant fails to pay rent, the landlord can serve a Three-Day Notice to Pay Rent or Quit. If rent is not paid after the 3rd day, the landlord can proceed with an Unlawful Detainer Complaint. If a tenant breaks any rules, the landlord can serve a Three-Day Notice to Perform Conditions and/or Covenants or Quit. If the tenant does not correct the breach in 3 days, the landlord can proceed with an eviction. A landlord cannot seek to force a tenant to move from a rental unit by engaging in behavior that constitutes theft or extortion, by using threats or force, or by committing a significant and intentional violation of the rules that limit the landlord's right to enter the premises. The landlord cannot change the locks or cut off utilities to the premises.

If a landlord brings an eviction action against a tenant for nonpayment of rent, and the rental unit is found to be uninhabitable, the landlord is liable to the tenant for reasonable attorneys' fees and court costs.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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