Black-letter propositions
- 01
A month-to-month tenancy ends on written notice, and statutes such as California Civil Code section 1946 require 30 days' written notice from either party, with rent due through the date of termination.
- 02
When a tenant abandons before the end of the term, a landlord in California may recover rent earned to termination, plus rent that would have accrued afterward minus the amount the tenant proves could have been reasonably avoided, so the landlord's failure to mitigate reduces damages (Civil Code section 1951.2).
- 03
Recovery for rent for the balance of the term after the award requires a lease provision allowing it or a reasonable, good-faith reletting by the landlord, and the tenant bears the burden of proving what could have been avoided.
- 04
A residential security deposit may not exceed one month's rent under California's statute, and the landlord must give an itemized statement and return the remainder within 21 calendar days after the tenant vacates, and loses the right to claim any of the deposit if it fails to comply in bad faith (Civil Code section 1950.5).
- 05
A residential tenant who gives notice of dilapidations that make the premises untenantable may, if the landlord does not repair within a reasonable time, repair and deduct up to one month's rent, or vacate and be discharged from further rent, but not more than twice in 12 months; acting after 30 days is presumed reasonable (Civil Code section 1942).
- 06
A landlord may not retaliate against a tenant who is not in default in rent for a good-faith complaint about tenantability: for 180 days the landlord may not recover possession, raise rent, or reduce services (Civil Code section 1942.5), and may not use lockouts or utility shutoffs to force a tenant out (section 789.3).
- 07
A landlord may enter a dwelling only in listed cases, such as emergency, repairs, showing to buyers or tenants, abandonment, or court order, and generally must give reasonable written notice and may not use entry to harass (Civil Code section 1954).
- 08
A tenant who holds over after a nondefault expiration, or who fails to pay rent after a three-day notice, is subject to an unlawful detainer action in California, the statutory process by which a landlord recovers possession (Code of Civil Procedure section 1161).
Use this attack sequence under time
Frame the issue
Identify the type of tenancy and the notice the statute or lease requires to end it.
Resolve the next checkpoint
If the tenant left early, ask whether the landlord reasonably tried to relet and what the tenant can prove was avoidable.
Resolve the next checkpoint
For a deposit, check the cap, the time to return, the itemized statement, and any bad-faith consequence.
Finish the conclusion
For a tenant's self-help remedy or a landlord's eviction, check whether the statute allows it and whether retaliation or self-help bars it.
Common wrong turns
- A landlord who ignores the duty to mitigate does not lose all rent but may lose the rent the tenant proves could have been avoided.
- A tenant who is in default in rent is not protected by the retaliation statute in the same way as a tenant who is current.
- Repair-and-deduct is limited by amount and frequency, and it does not replace the remedy of vacating.
Worked example
A tenant with a twelve-month lease abandons the apartment after four months and stops paying. The landlord does nothing to find a new tenant and sues for the remaining eight months of rent.
Under a mitigation rule like California's, the landlord may recover the rent that has accrued and the rent that would be earned afterward, less the amount the tenant proves could have been reasonably avoided by reletting. The tenant will try to prove that a comparable unit would have been rented quickly, and the landlord's inaction weakens its claim.
Practice this topic
Notice and abandonment
California Civil Code section 1946 says that for tenancies from month to month either party may terminate by giving at least 30 days' written notice at any time, and the rent is due through the date of termination. The parties may agree at the start of the tenancy that notice may be given not less than seven days before the term's expiration. Section 1951.2 governs a tenant who breaches and abandons. The lease terminates, and the landlord may recover the worth at the time of award of the rent earned at termination, the amount by which rent that would have been earned until the award exceeds the loss the tenant proves could have been reasonably avoided, and the same computation for the balance of the term when the lease so provides or the landlord reasonably relet the property.
The section also lets the landlord recover any other amount necessary to compensate for the detriment proximately caused by the tenant's failure to perform. The burden of proving that a loss could have been avoided is placed on the tenant.
Deposits, repair and deduct, and retaliation
California Civil Code section 1950.5 limits a residential security deposit to one month's rent, in addition to the first month's rent paid on or before initial occupancy, and it requires the landlord to furnish an itemized statement and return the remaining deposit no later than 21 calendar days after the tenant has vacated. It provides that the landlord may not claim any of the deposit if the landlord, in bad faith, fails to comply. Section 1942 lets a tenant who has given notice of untenantable conditions repair and deduct if the cost does not exceed one month's rent, or vacate and be discharged from further rent, no more than twice in any 12-month period, with a presumption that acting after 30 days is reasonable.
Section 1942.5 bars a landlord from recovering possession, increasing rent, or decreasing services within 180 days after a tenant's good-faith notice or complaint about tenantability, if the tenant is not in default in rent. Section 789.3 makes it unlawful for a landlord to interrupt utilities or to change the locks or remove belongings to force a tenant out.
Entry and eviction
California Civil Code section 1954 lets a landlord enter the dwelling only in the listed cases, which include emergency, necessary or agreed repairs, exhibiting the unit to buyers, mortgagees, tenants or workers, abandonment, and court order. Entry outside normal business hours generally requires the tenant's consent, the landlord must give reasonable written notice of the intent to enter, and the landlord may not abuse the right of access or use it to harass the tenant.
Code of Civil Procedure section 1161 defines unlawful detainer to include a tenant's continuing in possession after a nondefault expiration of the term, or after default in paying rent and a three-day notice excluding weekends and court holidays. It is the summary court process by which a landlord recovers possession and the alternative to self-help.
Frequently asked questions
What is the controlling rule for ending a tenancy: notice, abandonment, mitigation, deposits, and retaliation?+
State how the tenancy ended, apply the statute's notice and remedy rules, address mitigation and deposit duties, and check for retaliation, self-help, or entry violations.
How much notice ends a month-to-month tenancy in California?+
At least 30 days' written notice from either party, under Civil Code section 1946.
Must a landlord mitigate damages when a tenant abandons?+
The statute reduces the landlord's recovery by the rent the tenant proves could have been reasonably avoided, under Civil Code section 1951.2.
How long does a landlord have to return a deposit?+
No later than 21 calendar days after the tenant vacates, with an itemized statement, under Civil Code section 1950.5.
What may a tenant do if the landlord will not repair?+
Repair and deduct up to one month's rent, or vacate and be discharged from rent, under Civil Code section 1942, no more than twice in 12 months.
What does the retaliation statute prevent?+
For 180 days after a good-faith complaint, a landlord may not recover possession, raise rent or reduce services if the tenant is not in default, under section 1942.5.