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§1945 · §1946 · AB 1482

End of the Lease — Renewal, Month-to-Month, or Termination

What happens at lease end is governed by §1945 (automatic holdover), §1946 (termination notice), and AB 1482's just-cause framework. The default outcome — if no one serves notice — is automatic conversion to month-to-month.

TL;DR — 30 seconds

If neither party serves notice before lease end and the tenant stays paying rent, §1945 converts the tenancy to month-to-month under the prior terms. To end a month-to-month: 30 days' notice if tenant under 12 months, 60 days at 12+ months. On AB 1482-covered units, just cause and (for no-fault) relocation still apply.

Step 1 — The §1945 automatic conversion

Civil Code §1945: if a tenant remains in possession after the fixed-term lease ends and the landlord accepts rent, the tenancy automatically becomes month-to-month on the same terms as the prior lease. This is the default outcome — no action required from either party.

The practical consequence: doing nothing at lease end keeps the tenancy in place. Most landlords prefer this outcome on good tenants. The administrative work is renewing the lease (offering a new fixed-term agreement) or terminating (serving §1946 notice).

Step 2 — Decide the renewal path

Three options:

Step 3 — Rent increase at renewal

A renewal is a normal opportunity for a rent increase. Subject to AB 1482's 5%+CPI cap on covered units and any applicable local ordinance. Serve the §827 rent-increase notice the same way as on any other increase — see the rent increase notices page. The increase doesn't have to coincide with renewal; you can renew at the same rent and raise later, or raise without renewing.

Step 4 — AB 1482 just-cause applies on month-to-month too

The most common misconception: AB 1482 just-cause applies only on fixed-term tenancies. It doesn't. The 12-month threshold is the trigger, and the protections apply equally to fixed-term and month-to-month. You can't escape just-cause by converting a tenant to month-to-month and waiting for the lease to end.

The non-renewal trap
Letting a covered AB 1482 lease "naturally end" without offering renewal isn't a workaround for just-cause. On a 12+ month tenancy on a covered unit, non-renewal still requires a statutory just cause stated in the notice and (for no-fault) relocation paid up front. Treating it like a fixed-term expiration is how owners walk into $10,000-per-tenant SB 567 penalties.

Step 5 — Document the path you chose

Whichever path: paper trail. If renewing at new terms, get the new lease signed before the old one ends. If letting it convert to month-to-month, send the tenant a brief written confirmation that the prior terms continue. If terminating, the §1946 notice and proof of service. The file is the defense if anything is later disputed.

Common questions

What happens at the end of a CA fixed-term lease?

Under §1945, if the tenant stays and the landlord accepts rent, the tenancy automatically becomes month-to-month under the prior terms. Default outcome unless either party served termination notice first.

Does AB 1482 just-cause apply on month-to-month?

Yes. Same way as on a fixed-term. The 12-month threshold triggers just-cause on covered units regardless of lease structure.

How much notice to end a month-to-month?

30 days under 12 months. 60 days at 12+ months. AB 1482 just-cause and relocation rules apply on covered units past the 12-month line.

Can a landlord require a tenant to sign a new fixed-term lease?

On AB 1482-covered units, refusal to sign a new lease with equivalent terms is statutory at-fault just cause. New terms have to be equivalent — not a unilateral change the tenant rejects.

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