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

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.