A California tenant who stays after the lease term ends "without the permission of the landlord" is in unlawful detainer under Code of Civil Procedure § 1161(1). But if the landlord accepts rent after the end date, Civil Code § 1945 presumes the parties renewed the lease on the same terms, for no more than one month when rent is paid monthly and never more than one year. Where the just-cause law in Civil Code § 1946.2 applies, the owner still needs a just cause, stated in a written notice, to end the tenancy.

The short version

  • Accepting rent after the lease ends creates a presumed renewal on the same terms, month to month when rent is monthly (§ 1945).
  • An automatic renewal clause is voidable by the party who did not prepare the lease unless it meets the bold-type rules in Civil Code § 1945.5. If it is voided, the § 1945 presumption applies.
  • A tenant who gives written notice to leave, or whose written offer to surrender was accepted in writing, and then stays is also in unlawful detainer (CCP § 1161(5)).
  • In a covered tenancy, the end of a lease is not on the list of just causes, but refusing a written renewal of similar duration and provisions is (§ 1946.2(b)(1)(E)).
  • Holdover damages: actual damages, including rent found due, plus up to $600 in statutory damages if malice is shown (CCP § 1174(b)). Neither § 1174 nor § 1945 sets a premium "holdover rent."
  • Lockouts and utility shutoffs meant to end a tenancy are illegal (Civil Code § 789.3). The lawful route is an unlawful detainer case.

Before the end date: decide and put it in writing

A short routine a few months before the end date keeps everyone clear on what happens next.

  1. Mark the end date on your calendar well ahead of time, and look at whether the lease has an automatic renewal or extension clause.
  2. Check whether § 1946.2 applies. It covers a tenant who has continuously and lawfully occupied the home for 12 months, unless an exemption applies, such as a qualifying single-family home or condo whose lease contains the statutory exemption notice (§ 1946.2(e)(8)). See just-cause eviction.
  3. Choose a path: offer a renewal, let the tenancy continue month to month, or end it for a reason the law allows.
  4. If you offer a renewal, do it in writing. The at-fault cause in § 1946.2(b)(1)(E) requires a written request or demand from the owner, a written lease that ended on or after January 1, 2020, and a renewal for an additional term "of similar duration with similar provisions." Adding an owner move-in clause to the new lease still counts as a similar provision (§ 1946.2(b)(2)(A)(ii)).
  5. If the rent will change, follow the rent cap and notice rules. On a month-to-month tenancy, an increase needs written notice under Civil Code § 827. See rent increase notices.

After the end date: which situation are you in?

SituationWhat the law saysNext step
Tenant stays and the owner accepts rentPresumed renewed on the same terms, not exceeding one month when rent is monthly (§ 1945)The tenancy now runs month to month. To end it, give notice under Civil Code § 1946.1, plus a just cause if § 1946.2 applies.
Tenant stays and the owner has not agreed or accepted rentHolding over without the landlord's permission is unlawful detainer (CCP § 1161(1))In a covered tenancy, serve a written notice stating a just cause before any court case.
Tenant gave written notice to leave, then staysUnlawful detainer under CCP § 1161(5); also an at-fault just cause (§ 1946.2(b)(1)(K))Keep the tenant's notice. Serve the required termination notice and talk to counsel about the court process.
Lease has an automatic renewal clauseVoidable unless in at least 8-point bold type in the body, with a bold recital just before the signature (§ 1945.5)Check the printed lease. If the clause is avoided, § 1945 governs.

Accepting rent after the end date triggers the § 1945 presumption, which puts the "without the permission of the landlord" element of § 1161(1) in doubt. How courts weigh partial payments or specific facts is not settled by the statutes themselves, so ask counsel before you take money from a tenant you intend to remove.

Ending the tenancy the lawful way

  1. Confirm the notice period. A landlord ending a periodic tenancy gives 60 days' notice, or 30 days if the tenant has lived there less than one year (§ 1946.1(b), (c)). The notice period calculator helps with dates. See ending a month-to-month tenancy.
  2. State the just cause in the written notice if § 1946.2 applies (§ 1946.2(a)). A notice that does not comply with § 1946.2 is void (§ 1946.2(g)).
  3. Include the required wording. A § 1946.1 notice must contain the statutory abandoned-property paragraph, and you may not charge a fee for serving it (§ 1946.1(h), (i)).
  4. Deliver it properly: as provided in CCP § 1162, or by certified or registered mail (§ 1946.1(f)).
  5. If the tenant stays after the notice runs out, the remedy is an unlawful detainer case. See the eviction process.

What a holdover can cost

In an unlawful detainer case, the court or jury assesses the damages the plaintiff proves were caused by the unlawful detainer and finds the rent due. If the tenant is found guilty of unlawful detainer "and malice is shown," the landlord may also be awarded statutory damages of up to $600 (CCP § 1174(b), current as of October 2026). Neither § 1174 nor § 1945 sets a higher "holdover rent" or a per-day charge. If your lease has a holdover-rent clause, have counsel review it before you rely on it.

For owners

  • Send renewal offers and decisions in writing, and keep copies.
  • Decide before the end date whether you will accept rent. Taking a payment changes the analysis.
  • Never change locks, remove belongings or shut off utilities to end a tenancy. Civil Code § 789.3 allows actual damages plus up to $100 for each day of the violation, and no less than $250 for each cause of action.

For renters

  • If you plan to leave at the end of the lease, tell the owner in writing and move out on that date. Staying after your own written notice is unlawful detainer under § 1161(5).
  • If you want to stay, ask for a renewal in writing. If the landlord accepts rent after the end date, the lease is presumed renewed on the same terms, month to month when rent is monthly (§ 1945).
  • On a month-to-month tenancy, you end it with at least 30 days' written notice (Civil Code § 1946(a)).
  • Before signing a lease that renews itself, look for the bold-type clause and recital described in § 1945.5.

New owners can fold these dates into a yearly routine; see the first-year landlord checklist.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, 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

What happens when a California lease ends and the tenant stays?

If the landlord accepts rent, Civil Code § 1945 presumes the lease was renewed on the same terms, for no more than one month when rent is monthly. If the landlord has not given permission, staying is unlawful detainer under CCP § 1161(1), but a covered tenancy still needs a just cause stated in a written notice before the owner can end it.

Does a lease automatically turn into a month-to-month tenancy in California?

The statute says "presumed," not automatic. When the landlord accepts rent after the term ends, the hiring is presumed renewed on the same terms for one month at a time if rent is monthly. It is not presumed renewed for another full year.

Can a landlord charge double rent to a holdover tenant?

Neither CCP § 1174 nor Civil Code § 1945 sets a premium holdover rent or a per-day measure. In an unlawful detainer case, a court awards proven damages and rent found due, and up to $600 in statutory damages if malice is shown (CCP § 1174(b)). A lease clause setting a higher rate should be reviewed by counsel.

Can a California landlord end a tenancy just because the lease expired?

Where § 1946.2 applies, the expiration of the lease is not itself a just cause. A tenant's refusal to sign a written renewal of similar duration and provisions, after the owner's written request, is an at-fault cause under § 1946.2(b)(1)(E).

How much notice does a tenant give once a lease is month to month?

At least 30 days' written notice under Civil Code § 1946(a), with rent due through the termination date.

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.

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