Defining Tenancy at Will
In California, a tenancy at will refers to a rental agreement where either party can terminate the lease at any time without cause, as long as legal notice is given.
Notice Requirements
California law requires a notice of 30 days from either the landlord or tenant to terminate a tenancy at will if the tenancy is less than one year.
60-Day Notice Rule
For tenancies at will over a year, California requires a 60-day notice period. This helps provide stability for long-term occupants.
Rent Payment and Termination
Rent is typically paid monthly. Upon notice, the tenant is liable for rent proportionally up to the termination date, not beyond.
Tenant and Landlord Rights
Tenants retain rights to habitable living conditions. Landlords have rights to property access for maintenance, following a 24-hour notice.
Eviction Limitations
Even as at-will tenants, renters are protected under California's eviction laws. A landlord cannot forcibly evict without court proceedings.
Impact of Local Ordinances
Local ordinances may offer additional protections for tenants at will, such as rent control in cities like San Francisco and Los Angeles.
What defines a tenancy at will?
Fixed-term lease agreement
Lease terminable anytime by either
Lease without rent payment
Company
