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

The tenancy generally converts to month-to-month under Civil Code §1945 if the landlord continues to accept rent. If the landlord doesn't want to continue, a §1946 termination notice is required — 30 or 60 days depending on tenure. For AB 1482-covered units with 12+ month tenants, just-cause is also required.

Can I just charge double rent under §1174?

Civil Code §1174 allows double rent damages for willful holdover in a UD action. It's a remedy in the lawsuit, not a unilateral rent change. Stop accepting rent if you want the holdover treated as a UD case; accepting rent typically converts the tenancy to month-to-month.

Do I need to serve a notice?

Yes. If you want the tenancy to end, serve a §1946 notice (30 or 60 days) plus a just-cause statement if AB 1482 applies. If the tenant doesn't leave by the notice deadline, file the UD.

How long does the UD process take for a holdover?

Same as any UD. 5–9 weeks uncontested under post-AB-2347 rules. Longer if the tenant contests or raises affirmative defenses.

Can I change the locks while the tenant is still there?

No. That's wrongful self-help under Civil Code §789.3 — triple damages, attorney's fees, and potential criminal exposure. The only legal removal path is the UD.

Tenant Won't Leave After Lease Ends in California — Holdover Tenancy and the UD Path

TL;DR

Lease ends + tenant stays = month-to-month conversion under §1945 if you accept rent. To end the tenancy: serve a §1946 notice (30 or 60 days), include just-cause for AB 1482-covered units, file UD if they don't leave. Don't change locks (§789.3 triple damages).

What the tenancy converts to

Under Civil Code §1945, if the lease term ends and the tenant remains in possession with the landlord's permission (accepting rent, not objecting), the tenancy converts to month-to-month on the same terms. Many "tenant won't leave" situations are really "tenancy auto-converted and the landlord didn't realize it."

The path to ending it

Stop accepting rent if you want the holdover treated as a UD case. Accepting rent typically locks in month-to-month status.
Serve §1946 notice — 30 days if tenant under 12 months, 60 days at 12+. Add just-cause statement for AB 1482-covered 12+ month tenants.
File UD if tenant doesn't leave by the notice deadline.
The UD demands possession plus damages, including potentially §1174 double rent for willful holdover.

What kills the case

Self-help is the most expensive mistake here

Changing locks, removing belongings, cutting utilities — all wrongful self-help under §789.3. Triple damages, attorney's fees, possible criminal exposure. The UD is the only legal path.

Common questions — holdover tenant

What happens when the lease ends and tenant stays?

Converts to month-to-month under §1945 if you accept rent. Otherwise serve §1946 notice.

Can I charge double rent?

§1174 double-rent damages are available in a UD for willful holdover. Not a unilateral rent change.

Notice required?

Yes. §1946 30 or 60 days plus just-cause for AB 1482-covered units.

UD timeline?

5–9 weeks uncontested under post-AB-2347 rules.

Can I change locks?

No. §789.3 triple damages. UD is the only legal path.

Tenant won't leave after the lease ends. Now what?