Q: in comercial lease in holdover is landlord must send certified leter
when my lease was finished i did not know about holdover and i was paying my rent until a six months they come and said you are i holdover and not even a letter saying that is that how it works
A:
I understand your concern about being in a holdover situation without receiving proper notice from your landlord. Here are a few key points about holdover tenancies in commercial leases under California law:
1. Holdover tenancy: When a tenant remains in possession of the property after the expiration of the lease term without the landlord's consent, it is considered a holdover tenancy.
2. Landlord's options: In a holdover situation, the landlord has two options:
a. Accept rent from the tenant and allow them to continue occupying the property, creating a month-to-month tenancy.
b. Commence eviction proceedings to remove the tenant from the property.
3. Notice requirements: If the landlord chooses to evict the tenant, they must provide proper notice. For commercial properties, the notice requirements are as follows:
a. If the tenant has been in the property for less than one year, the landlord must provide a 30-day notice to quit.
b. If the tenant has been in the property for more than one year, the landlord must provide a 60-day notice to quit.
4. Certified letter: While sending a certified letter is a good practice for landlords to prove that the tenant received the notice, it is not explicitly required by California law for commercial leases.
In your case, if the landlord accepted rent payments for six months after your lease expired without providing notice or commencing eviction proceedings, they may have implicitly consented to a month-to-month tenancy. However, the specific facts of your situation would need to be examined more closely to determine your legal rights and obligations.
It is always best to communicate with your landlord and seek legal advice from a qualified attorney specializing in landlord-tenant law to better understand your options and protect your interests.
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