Hold-over tenant in California willing to pay 2 weeks of rent. If I accept rent, am I now in a month to month tenancy?

Asked almost 2 years ago - Huntington Beach, CA

The tenant's year lease is about to expire. The tenant pays rent on a monthly basis. I do not want to extend the lease. The tenant is not moving out at the end of the lease becoming a hold-over tenant. They claim they need an extra 2 weeks to move out and are willing to pay the 2 weeks in rent. My concern is that at the end of 2 weeks, they may not move-out. I have read online if I accept any monies (even 2-weeks of rent), I have just entered into a month to month tenancy which then would require me to provide a 30 day notice to move out. This would delay my ability to file an unlawful detainer. Is this true?

Attorney answers (1)

  1. Robin Mashal

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    Once the lease expires, if you allow the tenants to stay and pay rent, that will make them period tenants (if they were paying rent once a month under the lease, they become month-to-month tenants). For a month-to-month tenant, either side can give 30 days' notice to terminate the tenancy. If you are really concerned about this, I suppose you can sign a two-week lease with them. Be sure to consult your own attorney to protect your legal rights.

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