Legal Question in Real Estate Law in California

Leases and their implications

my lease expired on 05/31/02. it was a one year lease. according to the lease i was to vacate at the end of the one year. unfortunately i never did receive a copy of the lease until my landlord gave me a 3 days or quit notice and a copy of this section of the lease. he is selling the house and wants to do some work on it, that is his reason for the eviction. can the landlord make his own 3 day notice and place it on my door on the last day of the lease? he had previously sent me a notice to vacate dated 05/08/02 and then mailed it to me. does this change what is stated on the lease? im only wanting to stay 7-10 days , currently looking for a place.


Asked on 6/01/02, 2:57 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Leases and their implications

Generally, a lease automatically terminates at the end of the lease. I would need to see the lease agreement to see if it gives you any right of extension.

The point is, it sounds as if you are willing to move without argument. Contact the landlord and explain the misunderstanding, and that you have no problem moving, and you will find a place shortly. It will cost him some money if tries to evict you.

You might offer to allow people in to do work, if it will help his timetable. Communication and cooperation usually goes further than animosity.

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Answered on 6/03/02, 1:47 pm
Douglas A. Crowder Crowder Law Center

Re: Leases and their implications

I can't give a definite answer without more facts. Specifically, (1) did the landlord accept your June rent from you? (2) what grounds does the 3 day notice state? (3) when did the May 8 notice say that you had to be out?

Legally, if a lease expires on a certain date, the landlord can start immediate eviction proceedings if the tenant is not out by the end of the lease. Not even a 3 day notice is required. However if the landlord accepts rent for the next month, then it becomes a month-to-month tenancy requiring a 30 day notice.

In any event, the landlord would have to start an unlawful detainer lawsuit to get you physically removed. As a practical matter, landlords are generally willing to let a tenant stay a short time rather than going through the expense and uncertainty of a suit.

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Answered on 6/01/02, 3:38 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Leases and their implications

What? A 3 Day to do what or quit? To pay rent? Yes, the landlord may serve you with a 3 day notice. Under the Fair Debt Collection Practices Act ONLY the landlord may serve you with a 3 Day Notice. If it is a 3 day notice to pay rent or quit, then pay rent.

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Answered on 6/01/02, 6:11 pm


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