Aliso Viejo, CA asked in Landlord - Tenant for California

Q: Can a landlord use a 3 day covenant or quit notice as leverage after your current lease year if up?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a landlord can use a 3-day notice to pay rent or quit if a tenant has not paid rent, or a 3-day notice to perform covenant or quit if the tenant has violated a lease term or obligation. However, the use of such notices must be done in good faith and cannot be used as leverage or retaliation against a tenant.

If your current lease has expired and you are now renting on a month-to-month basis, your landlord can still use a 3-day notice to pay rent or quit or a 3-day notice to perform covenant or quit if you fail to pay rent or violate a lease term. However, the landlord cannot use these notices as a means of coercion or to force you into agreeing to new lease terms or rent increases.

It is worth noting that, under California law, a landlord is required to provide a just cause reason for terminating a tenancy if the tenant has occupied the unit for at least 12 months. This means that a landlord cannot simply choose to not renew a tenant's lease without a valid reason, such as the tenant's failure to pay rent or violation of lease terms. However, if you are on a month-to-month tenancy, your landlord can generally choose to end your tenancy with proper notice.

If you believe that your landlord is using a 3-day notice as leverage or retaliation, or is otherwise violating your tenant rights, you may wish to consult with a local tenant rights organization or speak with an attorney who specializes in landlord-tenant law to understand your options and potential remedies.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.