A fixed-term lease in California runs to the end date it states, while a month-to-month agreement continues until someone gives written notice: at least 30 days from the tenant (Civil Code § 1946) and 60 days, or 30 days in the first year, from the owner (Civil Code § 1946.1). Neither choice avoids the just-cause rule. Once a covered tenant has lawfully lived in the unit for 12 months, the owner needs a just cause stated in a written notice to end the tenancy, whatever term the lease used (Civil Code § 1946.2).

The short version

  • A fixed-term lease ends at the end of the agreed term (Civil Code § 1933). A month-to-month tenancy renews itself each month until proper notice is given.
  • If the term ends and the owner accepts rent, the law presumes the tenancy renewed on the same terms, for no more than one month when rent is paid monthly (Civil Code § 1945).
  • To end a month-to-month tenancy, the tenant gives at least 30 days' written notice; the owner gives 60 days, or 30 if the tenant has lived there less than a year.
  • After 12 months, a covered tenancy can end only for a just cause listed in § 1946.2(b). The end of a lease term is not one of them.
  • A tenant who refuses, after a written request, to sign a renewal "of similar duration with similar provisions" gives the owner an at-fault cause (§ 1946.2(b)(1)(E)).
  • Rent increases on covered properties stay within the rent cap either way (Civil Code § 1947.12).

How each type of tenancy ends

Fixed-term lease

A lease with a start date and an end date ends on that end date. What happens next depends on what the parties do:

  • The tenant moves out on time. The tenancy is over. The deposit rules in Civil Code § 1950.5 take over, including the 21-day return deadline.
  • The tenant stays and the owner accepts rent. Section 1945 presumes the parties renewed "on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year." In practice, a 12-month lease followed by an accepted monthly payment is presumed to continue month to month, not for another year.
  • The parties sign a renewal. A new term starts. See lease renewals and automatic renewal clauses.

For a covered tenancy past the 12-month mark, the owner cannot simply let the lease run out and require the tenant to leave. A just cause from § 1946.2(b) must be stated in a written notice. The rule and its exemptions are on the just-cause eviction page.

A tenant who wants to leave before the end date is breaking the lease. Under Civil Code § 1951.2, if the tenant breaches and abandons, the owner may recover damages including unpaid rent, reduced by the rental loss the tenant proves could reasonably have been avoided, for example by re-renting. Some exits are protected by law, such as a servicemember's termination under the federal SCRA (50 U.S.C. § 3955). See breaking a lease.

Month-to-month tenancy

A hiring at a monthly rent with no stated term "is presumed to be for one month," and with no agreement at all on length or rent, it is presumed monthly (Civil Code § 1944). It renews at the end of each month unless someone gives notice.

  • Tenant's notice: at least 30 days, in writing, and rent is due through the termination date (§ 1946(a)).
  • Owner's notice: 60 days, or 30 days if the tenant has lived there less than one year (§ 1946.1(b), (c)). A separate 30-day rule applies to certain sales of a separately alienable unit to a buyer who will live there (§ 1946.1(d)).
  • Delivery: the owner's notice may be served the way 3-day notices are served (Code of Civil Procedure § 1162) or by certified or registered mail (§ 1946.1(f)). It must include the statutory abandoned-property paragraph, and no fee may be charged for serving it (§ 1946.1(h), (i)).

The notice period is only half of the rule. Where § 1946.2 applies, the owner also needs a just cause. The termination notices page covers the notice rules in full, and the notice period calculator counts the dates.

Side-by-side comparison

QuestionFixed-term leaseMonth-to-month
When does it end?On the stated end date (§ 1933)When either side gives proper written notice
Owner's notice to end itEnds on the stated date (§ 1933), but just cause still applies to covered tenancies after 12 months60 days, or 30 days in the first year (§ 1946.1)
Tenant leaving early or ending itEarly exit is a breach unless a legal exit applies; damages follow § 1951.230 days' written notice (§ 1946)
Raising rent§ 827 notice rules are written for month-to-month and shorter tenancies; check the lease and ask counsel before any mid-term change30 days' notice for 10% or less, 90 days for more than 10% (§ 827)
Rent cap on covered propertyAppliesApplies
Just cause after 12 monthsApplies to covered tenanciesApplies to covered tenancies
What happens if rent is accepted after the endPresumed renewed, at most one month when rent is monthly (§ 1945)Not applicable
Translation rule (§ 1632)Covers leases for a period longer than one monthThe statute covers terms longer than one month; ask counsel how it applies to a month-to-month agreement

Choosing a term, step by step

  1. Check coverage first. Find out whether the property is covered by the rent cap and just-cause rules or exempt. A separately alienable single-family home or condo whose owner is not a REIT, a corporation or an LLC with a corporate member can be exempt, but only with the exact statutory notice, and for tenancies started or renewed on or after July 1, 2020, that notice must be in the lease (§§ 1946.2(e)(8), 1947.12(d)(5)). Covered tenancies need the § 1946.2(f) tenant notice instead. See the rent cap page.
  2. Think about your plans for the next year or two. If an owner or family member may move in, note that for leases entered into on or after July 1, 2020, an owner move-in termination works only if the tenant agrees in writing or the lease contains a clause allowing it (§ 1946.2(b)(2)(A)). That clause matters for both lease types.
  3. Mark the 12-month date. Before it, § 1946.2 does not yet apply, and the tenancy can be ended with proper notice under § 1946.1 or at the end of a lease term. After it, a just cause is needed. If adult tenants are added before an existing tenant reaches 24 months, coverage starts only when all tenants have 12 months or at least one has 24 (§ 1946.2(a)).
  4. Decide how the term will end. For a fixed term, plan a renewal offer well before the end date. An automatic renewal clause must meet the boldface rules in Civil Code § 1945.5.
  5. Write the term clearly. State the start date and either the end date or the words month to month. State the notice each side must give and how notices are delivered.
  6. Put the key dates on a calendar. Note the end date, the 12-month mark, and the last day to send a renewal offer or a rent-increase notice.

For owners

A fixed term gives you a known end date and the rent the lease states. A month-to-month agreement lets either side adjust sooner. For covered properties, the difference shrinks after 12 months, because a just cause is needed either way. Keep your renewal process consistent across tenants, keep copies of every written request and notice, and do not treat the end date as a way to remove a tenant without a listed cause. Our first-year landlord checklist covers the paperwork that goes with a new lease.

For renters

A fixed term gives you a set end date and the rent the lease states for the term, but leaving early can cost you rent until the unit is re-rented. Month to month lets you leave on 30 days' written notice. If your lease ends and your landlord keeps accepting rent, you are presumed to be renting month to month on the same terms. After 12 months in a covered unit, ask what just cause applies if you receive a notice to leave.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration ordinances, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Does a California lease automatically become month-to-month when it ends?

Not automatically. If the tenant stays after the end date and the owner accepts rent, Civil Code § 1945 presumes the tenancy renewed on the same terms, for no more than one month when rent is monthly, so it continues month to month in practice. If the owner does not accept rent and the tenant stays without permission, that can be unlawful detainer under Code of Civil Procedure § 1161(1), though a covered tenancy still needs a just cause.

Can a landlord end a month-to-month tenancy without giving a reason?

Only if the tenancy is not covered by Civil Code § 1946.2, for example because the tenant has lived there less than 12 months or the property is exempt. Then the owner gives 30 or 60 days' notice under § 1946.1. Once a covered tenant passes 12 months, the notice must state a just cause listed in the statute.

Is the end of a lease term a just cause in California?

No. The at-fault and no-fault causes in § 1946.2(b) do not include a lease simply expiring. A related cause does exist: if the tenant refuses, after a written request, to sign a renewal of similar duration with similar provisions, that refusal is an at-fault cause under § 1946.2(b)(1)(E).

How much notice must a month-to-month tenant give?

At least 30 days' written notice under Civil Code § 1946(a), and rent is due through the termination date. Give it in writing and keep a copy, so the move-out date is clear to both sides.

Can the rent go up during a fixed-term lease?

The notice rules in Civil Code § 827 are written for month-to-month and shorter tenancies. For a fixed-term lease, check what the lease says about rent during the term, and have counsel review any clause allowing a change. On covered properties, any increase must also fit within the § 1947.12 cap and the limit of two increases in 12 months.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

Talk With a Local Property Expert

Ask your questions, get honest answers, and see if we’re the right fit — no commitment.

Schedule a Call