Does my landlord need to give me another 30 day notice since he accepted rent for days after the eviction date?

UPDATED: Sep 19, 2011

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Does my landlord need to give me another 30 day notice since he accepted rent for days after the eviction date?

I was given a 30 day notice to leave my renting home 3 months ago (mid-month) but 2 weeks later my landlord accepted a full month’s rent and would not give me back the remainder of my rent. So I stayed longer.

Asked on September 19, 2011 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would have to be given another thirty day notice to vacate the premises.  As a holdover tenant, the landlord can either evict you or can accept rent and by accepting your rent payment has started a new month-to-month tenancy.  By accepting your rent payment, the landlord has continued your month-to-month tenancy.  Since this occurred three months ago and you are still there, you have a month-to-month lease on the same terms as the previous lease.

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