The odd-sounding term, “quit and holdover” is a staple of every lease agreement. It means providing your intent as a tenant as to what you will do when the lease term expires - stay or vacate. California law stipulates the notice period required to be given by tenants, and in all cases the tenant must provide 30 days’ written notice to the landlord.
California has an automatic extension clause, which states that the lease automatically renews for a 30 day period if the tenant fails to provide the minimum 30 days’ written notice. Keep in mind that at that point the tenancy is considered month-to-month, and the landlord is allowed to double the monthly rent amount for a month-to-month lease. Of course this is all subject to the property not being rented to another tenant, and the landlord has a good faith obligation to re-rent the premises.
The landlord’s required notice period will depend on how long the tenant has occupied the premises.
While the tenant must provide 30 days’ written notice to terminate a month-to-month tenancy, the landlord’s required notice period will depend on how long the tenant has occupied the premises. California Civil Code §1946.1 states that the landlord may terminate a month-to-month tenancy by providing 60 days’ written notice to the tenant. If the tenant has resided in the premises for less than one year (or Cal.Civ.Code §1946.1(d) applies regarding the sale of the premises), the landlord may terminate a month-to-month tenancy by providing 30 days’ written notice to Tenant.
Once a tenancy changes from a fixed term to a month-to-month tenancy, the landlord can raise the rent to up to two times the monthly rent amount. Another important distinction to be aware of is if the tenant remains in possession of the rental at the end of the agreement term and the landlord accepts a rent payment from the tenant then the agreement term is extended for an additional month.