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Tenancy after lease has expired!

Long Beach, CA |

I have lived at my complex for two years, my lease is up on 8/1, however I have not received a notice of renewal and do not expect to. If I have not found a place to rent by 8/1 what can they do to me, especially if I continue to pay my rent???

Attorney Answers 2

Posted

If your fixed term lease expires on 8/1, then the landlord can evict you for holding over past the lease expiration date. Normally, an unlawful detainer lawsuit will take 30 to 45 days to process. However, you really don't want to have an eviction on your record if you plan to rent again in the near future, so it is better not to force the landlord to sue you in unlawful detainer.

If you pay and the landlord accepts rent from you after 8/1, this creates a new periodic tenancy (month-to-month tenancy.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Posted

If you continue to pay your rent and the landlord continues to accept your rent, you will be in a periodic or month-to-month tenancy. Since you've live there over 2 years and if you continue to pay rent timely, the landlord will need to serve a 60 day notice if he/she wants you to move.

Douglas A. Wright is a licensed California attorney (SBN 239112) who owns and operates EvictionsInc.com. The information presented in this response is general in nature under California law and is not intended, nor should be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, you should consult your own attorney.

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