How many days in advance do I give my tenant a notice of non-renewal of lease in Long Beach, CA with no rent control?

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Tenants are always late with rent but they never pay the late fees and they still owe $500 of the security deposit. They are on a 6 month lease which ends on April 1, 2013.

Attorney Answers

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Mark Tristram CoffinConstruction / Development LawyerSanta Barbara, CA ·
Any lease question necessarily involves analysis of the written lease. Assuming that the written lease does not speak to this issue, then more information is needed: 1.) when did this tenancy begin, and 2.) what kind of tenancy was it at that point? Generally I can tell you the following: At the end of a fixed term, the tenancy expires automatically, without any notice (barring, of course, exercise of an express option to renew or extend). [CC § 1933.] Nevertheless it is a good idea to give your tenant a a "courtesy notice" a reasonable period in advance. You don't want to have to evict if you don't have to. In contrast, "periodic" (e.g. month-to-month) leases may be terminated by minimum 30 days' notice before expiration of the stated term, if the tenant has resided for less than one year. [CC § 1946.] However, CC § 1946.1 requires that a residential nonfixed-term tenant who has resided in the unit for at least one year, be given at least 60 days' notice of termination. [CC § 1946.1(b),(h).] Different rules may apply for Section 8 tenants.
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Justin Lowenthal ·
Generally, notice of nonrenewal is not required. I do recommend that you deliver notice, however. Furthermore, if the tenants are late with their rent payments you may serve a 3-day notice to pay or quit. However, I caution you about enforcing late fees - many landlords mistakenly believe they are lawful, and if unlawful late fees are incorporated into the demand for payment under the 3-day notice, the notice may be invalidated by the court in future unlawful detainer proceedings.
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